3 J. App. Prac. & Process 509 (2001)
When the President Says No: A Few Thoughts on Executive Power and the Tradition of Solicitor General Independence

handle is hein.journals/jappp3 and id is 523 raw text is: WHEN THE PRESIDENT SAYS NO: A FEW
THOUGHTS ON EXECUTIVE POWER AND THE
TRADITION OF SOLICITOR GENERAL
INDEPENDENCE
Drew S. Days, III*
INTRODUCTION
Although the Solicitor General is appointed by the
President and serves under the Attorney General, he has
gradually come to enjoy a tradition of independence in carrying
out his official responsibilities. He is only rarely subject to
direction by either the President or the Attorney General, and as
a practical matter, he is in most cases the final decisionmaker
with respect to both designing a strategy for government
litigation in the Supreme Court and deciding whether to appeal
trial court decisions adverse to the government.
On occasion, however, a President will put deference aside
and  involve  himself directly in  determining  what the
government's legal positions are going to be. Documented
instances of such presidential involvement are rare, since most
occur in the course of rather low-profile discussions within the
administration that never become known to the public.
Nevertheless, a few   examples have received   significant
attention, either contemporaneously or some years afterwards,
often as the result of revealing memoir accounts.
In the Truman Administration, for example, the President
was reportedly involved in the groundbreaking decision to
authorize the government's amicus brief in Shelley v. Kraemer,'
* Alfred M. Rankin Professor of Law, Yale Law School; of counsel, Morrison & Foerster
LLP; Solicitor General of the United States (1993-96).
1. 334 U.S. I (1948).
THE JOURNAL OF APPELLATE PRACTICE AND PROCESS Vol. 3, No. 2 (Fall 2001)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?