Meaning:
The quote "I think the nine justices think the solicitor general is the 35th clerk" by Elena Kagan, a former Associate Justice of the Supreme Court of the United States, provides insight into the role and influence of the solicitor general within the highest court of the land. Elena Kagan's statement reflects the perception that the solicitor general holds a unique and significant position in the workings of the Supreme Court, akin to that of a key administrative figure.
The solicitor general is the third-highest ranking official in the Department of Justice and is responsible for representing the federal government of the United States before the Supreme Court. This role encompasses presenting the government's position in cases involving the United States, participating in oral arguments, and providing legal advice to the president and the executive branch on matters of constitutional law. Given the weight of these responsibilities, the solicitor general's interactions with the Supreme Court and its justices are frequent and substantial.
In the context of Kagan's quote, the reference to the solicitor general as the "35th clerk" sheds light on the nature of the relationship between the justices and this high-ranking government attorney. Traditionally, Supreme Court clerks play a vital role in assisting the justices with legal research, drafting opinions, and managing the Court's workflow. They are known for their close and direct interaction with the justices, often influencing their decision-making processes through their research and insights.
By likening the solicitor general to a "35th clerk," Kagan suggests that the justices hold the solicitor general in high regard and view them as an essential collaborator in the functioning of the Court. This comparison implies that the solicitor general's influence extends beyond mere advocacy and encompasses a level of involvement and influence akin to that of the justices' own clerks.
The quote also highlights the unique dynamics and power dynamics at play within the Supreme Court. It underscores the respect and significance attributed to the solicitor general's role in shaping the Court's decision-making processes. The solicitor general's deep understanding of constitutional law, combined with their frequent appearances before the Court, positions them as a key figure in influencing the justices' perspectives on cases involving the federal government.
Furthermore, Kagan's statement may also allude to the idea that the solicitor general serves as a bridge between the executive branch and the judiciary. Given the solicitor general's role as the government's advocate before the Court, their interactions with the justices carry substantial weight in shaping the government's legal positions and strategies. This intermediary role, with its potential to influence the Court's understanding of the executive branch's positions, further underscores the significance of the solicitor general's relationship with the Court.
In conclusion, Elena Kagan's quote provides valuable insight into the unique and influential position of the solicitor general within the Supreme Court. By likening the solicitor general to the "35th clerk," Kagan underscores the respect, influence, and collaborative nature of the solicitor general's role in the Court's workings. This perspective sheds light on the intricate dynamics and power structures within the Supreme Court, emphasizing the pivotal role played by the solicitor general in shaping the Court's understanding of cases involving the federal government.