REUTERS/Elizabeth Frantz

U.S. Senate panel advances Biden solicitor general pick Prelogar

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Oct 7 (Reuters) – Elizabeth Prelogar, President Joe Biden’s nominee to function U.S. solicitor general, moved a step nearer on Thursday to securing U.S. Senate affirmation because the administration’s chief advocate earlier than the U.S. Supreme Court docket.

The Senate Judiciary Committee voted 13-9 to advance Prelogar’s nomination to the Senate ground. She had served as performing solicitor general from the time of Biden’s inauguration in January till her nomination in August.

As a result of a quirk within the Federal Vacancies Reform Act, Prelogar was required to step down from that performing place whereas her nomination was pending. She has been working since then within the U.S. Justice Division’s workplace of authorized counsel.

Throughout a Sept. 14 committee listening to, Prelogar confronted minimal questions from Republicans, who primarily centered on how the solicitor general’s workplace beneath Biden reversed the federal government’s place in a number of instances from the Trump period.

U.S. Senator Chuck Grassley of Iowa, the panel’s rating Republican, voted towards her on Thursday, citing these “flip flops,” in addition to stances she had superior and her work with former Russia particular counsel Robert Mueller as proof of “partisanship.”

“I’m concerned she won’t stand up to the politicization of DOJ under the current attorney general,” he stated.

However U.S. Senator Dick Durbin of Illinois, the committee’s Democratic chair, stated Prelogar’s work had demonstrated she was “above partisan politics.”

He famous she had the assist of 12 former solicitor generals, together with Ted Olson, the Gibson Dunn & Crutcher accomplice who served beneath President George W. Bush, and Noel Francisco, who served beneath Trump and is now at Jones Day.

The Harvard Regulation College graduate earlier in her profession labored as a clerk for Lawyer General Merrick Garland when he was serving as a choose on the U.S. Court docket of Appeals for the District of Columbia Circuit.

Prelogar, 41, later clerked for liberal Supreme Court docket Justices Ruth Bader Ginsburg, who died in 2020, and Elena Kagan. She labored as an affiliate at Hogan Lovells and served as an assistant to the solicitor general from 2014 to 2019.

A former pupil of Russian who held a Fulbright fellowship in St. Petersburg, Prelogar whereas on the Justice Division additionally labored as an assistant particular counsel to Mueller, who led the probe into Russia’s position within the 2016 U.S. presidential election.

Afterward she briefly returned to non-public apply and joined Cooley in January 2020 as a litigation accomplice, earlier than returning to the Justice Division following Biden’s election.

Associated tales:

Biden nominates performing Solicitor General Prelogar to publish

Mueller team appellate lawyer Elizabeth Prelogar joins Cooley

Reporting by Nate Raymond in Boston

Nate Raymond

Nate Raymond reviews on the federal judiciary and litigation. He could be reached at [email protected]