Lobbying the Supreme Court: Reagan’s Solicitor General and the Establishment Clause
DOI:
https://doi.org/10.15763/issn.2374-7781.1990.11.0.31-55Abstract
Although professionalism is the expected norm, the Reagan Administration sought to use its solicitor general as an advocate for “social agenda” issues. This was especially apparent in the briefs submitted by the solicitor general to the Supreme Court on behalf of the Government in establishment of religion cases. Although prior research suggested that conservative justices would be influenced by the arguments of a conservative executive, this study indicates that the Supreme Court refused to heed the attempts of President Reagan’s solicitor generals to fundamentally alter its approach to resolving establishment clause disputes. Resistance to politicization suggests that there are limits to lobbying by the solicitor general.References
Abington School District v. Schempp. 1963. 374 U.S. 203.
Aguilar v. Felton. 1985. 473 U.S. 402.
Baum, Lawrence. 1989. The Supreme Court, 3rd ed. Washington, DC.: CQ Press.
Benchmark. 1984. "A Lawyer Looks at Rex Lee." Benchmark 1:1-15.
Bender v. Williamsport Area School District. 1986. 474 U.S. 534.
Board of Education o f Westside Community Schools v. Mergens. 1990. 110 S.Ct. 2356.
Board of Trustees o f Village of Scarsdale v. McCreary. 1985. 471 U.S. 83.
Bowen v. Kendrick. 1988. 108 S.Ct. 2562.
Briefs of the United States. In the Supreme Court of the United States. Department of Justice: 1982-83 to 1988-89 Terms.
Caplan, Lincoln. 1988. The Tenth Justice: The Solicitor General and the Rule of Law. New York: Vintage Books.
Congressional Record. 1984. 98th Congress, 2nd session, Vol. 130.
Corporation of Presiding Bishop v. Amos. 1987. 483 U.S. 327.
County of Allegheny v. American Civil Liberties Union. 1989. 109 S.Ct. 3086.
Edwards v. Aguillard. 1987. 482 U.S. 578.
Engel v. Vitale. 1962. 370 U.S. 421.
Estate of Thornton v. Caldor, Inc. 1985. 472 U.S. 703.
Everson v. Board of Education. 1947. 330 U.S. 1.
Glazer, Nathan. 1986. "Social Agenda." In Perspectives on the Reagan Years, ed.
John J. Palmer. Washington, DC.: The Urban Institute.
Goldman, Sheldon. 1985. "Reaganizing the Judiciary." Judicature 69: 324-329.
____________ . 1989. "Reagan's Judicial Legacy." Judicature 72: 328-330.
Goldman v. Weinberger. 1986. 475 U.S. 503.
Grand Rapids School District v. Ball. 1985. 473 U.S. 373.
Griswold, Erwin N. 1971. "Constitutional Cases in the Supreme Court." Oklahoma Law Review 24: 353-364.
Hunt v. McNair. 1973. 413 U.S. 734.
Jensen v. Quaring. 1985. 472 U.S. 478.
Karcher v. May. 1987. 108 S.Ct. 388.
Lee, Rex. 1981. A Lawyer Looks at the Constitution. Provo, Utah: Brigham Young University Press.
Lemon v. Kurtzman. 1971. 403 U.S. 602.
Lynch v. Donnelly. 1984. 465 U.S. 668.
Marsh v. Chambers. 1983. 463 U.S. 783.
Meekv. Pettinger. 1975. 421 U.S. 349.
Miller, Arthur Selwyn. 1968. "The Attorney General as the President's Lawyer." In Roles of the Attorney General of the United States. Washington, DC.: American Enterprise Institute.
Mueller v. Allen. 1983. 463 U.S. 388.
New York Times. 3 July 1985: 11.
O'Connor, Karen. 1983. "The Amicus Curiae Role of the U.S. Solicitor General in Supreme Court Litigation." Judicature 66: 257-264.
Puro, Steven. 1981. "The United States as Amicus Curiae." In Courts, Law and Judicial
Processes, ed. S. Sidney Ulmer. New York: The Free Press.
Scigliano, Robert. 1971. The Supreme Court and the American Presidency. New York: The Free Press.
Segal, Jeffrey A. 1988. "Amicus Curiae Briefs by the Solicitor General During the Warren and Burger Courts." Western Political Quarterly 41: 135-144.
Senate Judiciary Committee. 1982. Proposed Amendments Relating to Voluntary Prayer: Hearings on SJ 199. 97th Congress, 2nd session.
Stem, Robert L., Eugene Gressman and Stephen M. Shapiro. 1978. Supreme Court Practice, 5th ed. Washington, D.C.: Bureau of National Affairs.
Uelmen, Gerald F. 1986. "The Influence of the Solicitor General Upon Supreme Court Disposition of Federal Circuit Decisions: A Closer Look at the Ninth Circuit Record." Judicature 69: 360-365.
Wallace v. Jaffree. 1985. 472 U.S. 38.
Wasby, Stephen L. 1984. The Supreme Court in the Federal Judicial System, 2nd ed. New York: Holt, Rinehart and Winston.
Witt, Elder. 1986. "Reagan Crusade Before Court Unprecedented in Intensity." Congressional Quarterly Weekly Report March 15, 1986: 616-618.
Witters v. Washington Department of Services o f the Blind. 1986. 474 U.S. 481.
Yale Law Journal. 1969. "Government Litigation in the Supreme Court: The Roles of the Solicitor General." Vol. 78: 1442-1481.
Zorach v. Clauson. 1952. 353 U. S. 306.
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