By Richard L. Pacelle
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Additional info for Between Law & Politics: The Solicitor General and the Structuring of Race, Gender, and Reproductive Rights Litigation (Joseph V. Hughes, Jr., and Holly ... Presidency and Leadership Studies, No. 14)
According to Lee Epstein and Jack Knight, there are three components of the strategic model: goals, strategic interaction, and institutions. Solicitors general seek to attain their goals through strategic interaction with other actors who seek to advance their preferences. Institutions, the context in which the solicitor general operates, structure strategic behavior. 14 Although institutional rules and structures are often viewed as constraints on individual behavior, the apparent restrictions may also provide an array of opportunities for political actors.
On the whole, the views of the Oﬃce are less likely to be tainted by politics. ” But according to Lincoln Caplan, “The solicitors general have treated ‘independence’ as a paradox. They recognize that they serve at the pleasure of the President and often put the word in quotation marks. ” The solicitor general regularly meets with the attorney general and priorities are discussed. ” In theory, the attorney general makes policy decisions. ”19 The attorney general is typically less qualiﬁed to make legal judgments than the solicitor general.
A solicitor general who gives primary attention to legal goals may not fully exercise his prerogatives in the discretionary amici cases. More likely and more recently, solicitors general who want to emphasize political goals may use invitations from the Court or law enforcement types of case as vehicles to push the administration’s policy designs. The chances for judicial rebuke may be greater in these circumstances. Part of the answer of which master the solicitor general serves is a function of issue area or policy.