Musical Chairs: Paul Clement Resigning as Solicitor General
The federal government's chief advocate before the Supreme Court, Paul D. Clement, is stepping down as U.S. Solicitor General. The brilliant and affable Clement was confirmed as Solicitor General on June 8, 2005; his last day as SG will be June 2, 2008. (Prior to his confirmation, he served as SG in an acting capacity.)
A superstar of the Justice Department and the Supreme Court bar, Clement was discussed as a possible replacement for Alberto Gonzales as Attorney General. Widely praised for both his prowess as an appellate advocate and his leadership of the SG's office, Clement was named to the American Lawyer's list of 50 top litigators under 45. He is, of course, a member of the Elect (OT 1993 / Scalia), as well as a graduate of Georgetown and Harvard Law School.
No word yet on where Clement is heading. He practiced previously at Kirkland & Ellis and King & Spalding, so perhaps he will return to one of those shops. The AP reports that Clement "[does] not have any immediate plans other than spending the summer with his children."
Ah, the old "spend more time with my family" rationale, so popular here inside the Beltway. But why is Paul Clement invoking it? He's leaving covered in glory, not scandal.
The official DOJ press release, issued about half an hour ago, after the jump
U.S. DEPARTMENT OF JUSTICE -- PRESS RELEASE -- DEPARTURE OF SOLICITOR GENERAL PAUL CLEMENT
FOR IMMEDIATE RELEASE
WEDNESDAY, MAY 14, 2008
SOLICITOR GENERAL PAUL D. CLEMENT TO LEAVE
DEPARTMENT OF JUSTICE
WASHINGTON – Today, the Department of Justice announced that Solicitor General Paul D. Clement will end his current service to the Department on June 2, 2008.
Nominated by President Bush on March 14, 2005, Clement was confirmed as Solicitor General on June 8, 2005, and was sworn in on June 13, 2005. Prior to his confirmation, he served for over four years as Principal Deputy Solicitor General, and during that period served for nearly a year as Acting Solicitor General. Clement’s tenure of over seven years in the Office of the Solicitor General is the longest period of continuous service in that office by an individual who served as Solicitor General since Samuel Phillips, who served from 1872-1885.
“Paul Clement is one of the nation’s finest appellate lawyers,” said Attorney General Michael B. Mukasey. “I am deeply grateful to Paul for his service to the Department and to the nation during his seven-year tenure in the Office of the Solicitor General. I will miss not only Paul’s superb advocacy on behalf of the United States, but also his wise counsel and keen legal analysis.”
During his time in the Office of the Solicitor General, Clement argued 49 cases before the Supreme Court, prevailing in the vast majority of them. Landmark cases argued by Clement include Tennessee v. Lane, McConnell v. FEC, Rumsfeld v. Padilla, Gonzales v. Raich, and Gonzales v. Carhart. He also argued many other significant cases in both the Supreme Court and the lower courts involving novel and important legal issues concerning the conduct of the War on Terror.
The Office of the Solicitor General is responsible for conducting all litigation on behalf of the United States in the Supreme Court, and for supervising litigation in the federal appellate courts. Oral arguments for the 2007 Supreme Court term were completed in April 2008. The Department will submit all of its briefs for action during this term by the end of May 2008.
Prior to today’s announcement, Clement informed the President and the Attorney General of his plans to resign.
(43) Comments
FIRSTY FIRSTY FIRST FIRST FIRST
DAVID LAT for Solicitor General
(oops, Lat isn't a member of the Elect, so perhaps he is unqualified for the SG's Office).
My guess: Kirkland - Where else for a conservative?
Clement has been brilliant in oral argument before the Supremes.*
*admittedly, i'm a huge geek.
Hey, Lat. How about a survey on summer lunch policies?
Gibson and Wiley Rein are two other very real possibilities for a conservative. I think Wiley's the most likely choice of the 3; it's not quite as loaded as the other 2 in terms of well-known Supreme Court litigators. And Wiley is the old firm of Fred Fielding, current White House counsel.
I think Ed Kneedler is the Principle Deputy SG -- so he probably will serve out the remainder of Clement's term.
Re: the LAT 4 SG Campaign. Lat has some good pedigree (Ivy league educated, 9th Circuit clerk, WLRK, AUSA in NJ, and blogger-extraordinaire), but since he wasn't a SCOTUS clerk or Bristow Fellow, I wouldn't trust him as SG. Sorry, Lat.
4:15: Bristow Fellow troll.
Kirkland seems to make sense. They have lots of money and a need for an appellate superstar with Starr less involved now that he's at Pepperdine.
I'd like to see Kash arguing before the Supremes-- striped pants, a dark morning coat, and a little bit of "Mr. Chief Justice, and may it please the Court."
KASH for SG.
Why are you writing a valentine to this right-wing hack. Get a room with him.
Greg Garre, not Ed Kneedler, is Principal Deputy SG and will presumptively be Acting SG. Ed Kneedler is senior in terms of service, but during the Reagan administration a new, politically appointed (but not senatorially confirmed) position was created so that Larry Wallace would not be Acting SG.
It is possible to be SG without having clerked on the Supreme Court or previously worked in OSG. Ted Olson did not clerk on the Supreme Court or work in OSG before becoming SG, though he of course had other credentials. Same for Seth Waxman. Same for Drew Days. Same for Wade McCree. Same for Bob Bork.
"Ted Olson did not clerk on the Supreme Court or work in OSG before becoming SG, though he of course had other credentials."
Like stealing the election for the Chimp?
Kirkland is the obvious choice and he may be lured to go back to King and Spalding (unlikely), but there are some other first-rate High Court shops in town that would make sense-- pimarily Gibson, but others too.
-Gibson (Former SG Ted Olson, Judge Estrada)
-OMM (former Acting SG Walter Dellinger, and others)
-Latham (Maureen Mahoney, Rick Bress)
-Akin Gump (Tom Goldstein, Judge Norris)
Clement is becoming dean of AU.
I second Akin Gump as a possibility, as the firm also has the former Assistant to the SG working in its SCOTUS practice, so it would make for a familiar face and working relationship were he to consider Akin.
Clement working with Tom Goldstein = a cold day in hell...
I'd also add the following firms: Sidley Austin (Carter Phillips & Peter Keisler); Mayer Brown (Geller, Pincus, Frey, Tager, Shapiro, Rothfield); Baker Botts (Lamken); Hogan & Hartson (formerly Roberts and Garre); Jones Day (Nager, Ayer, & Carvin); Robbins Russell (Englert); Kellogg Huber (Frederick).
I highly doubt he'd join OMM, Akin Gump, MoFo, Jenner & Block, or WilmerHale.
Perhaps he'd join the DC office of Skadden (Bensal) or Weil (Halligan).
Maybe he was let go PHJW style!!!!
What about Kellogg Huber?
4:34=
Don't worry, the Obamamessiah will save us all, by bowing down to Castro and Kim Jong-Il!
Many firms will have familiar faces, though I still think that Kirkland and Gibson are more likely than the others. The main problem with KE, Gibson or OMM (latter is unlikely, politically), is that each of those firms houses big name former SGs (or Acting SG, in the case of OMM). So, although Clement is a hot ticket now and will without doubt be sought after, he just doesn't add as much depth to those practices as he might to -- Latham, Akin Gump, Mayer Brown, Jenner, King and Spalding, or Hogan (which -- though not typically thought of as a SCOTUS shop -- did have the Chief at its helm prior to his nomination to the DC Circuit -- and the high court).
4:43-- I don't think that Clement would accept a position on AU's faculty.
4:51 -- Robbins Russell is a less likely possibility.
4:37 / 4:51 / 4:51 = The most likely possibilities, assuming he moves to the private sector.
He has a few choices...
He can join a a firm a build an supreme court practice from scratch...like at one of the DC offices of an NYC firm.
He can rehabilitate/steal the spotlight/shove aside someone who is building a practice at a firm like Baker Botts, Kirkland & Ellis, or Hogan & Hartson.
He could also get top billing at a firm alonside another titan like Carter Phillips or Ted Olson.
Maybe he could join Morgan Lewis. They just hired Ted Cruz (Luttig/Rehnquist) who is a former Texas SG.
MUSICAL CHAIRS: ROGER LOU TO BECOME NEXT SOLICITOR GENERAL
Good afternoon, friends (and if you no are my friend, than I am apologizing).
My name is Roger Lou and I write not to discuss where Paul Clement goes to after government service, but to announce to all of my friends on www.abovethelaw.com that the Roger Lou of America's University notoriety has accepted a new position in the law, effective June 2, 2008.
On that day of the week, the Roger Lou acheiving the America's Dream of becoming Solicitor General of the U.S. of A. and, as first duty as Solicitor General, will be appointing as his deputy all of his friends from www.abovethelaw.com, including those laid off from employment from Paul Hastings and Sutherland. The Roger also will pledge only to appoint the most dignified graduates of America's University, Washington College of Law (best in America) and, for respect, the graduates like Mr. Clement of the HLS (best in Asia).
With many congratulations and wishes for success to my predecessor, Mr. Clement, I say congratulations to me -- the Roger Lou!
With respect,
诶比西
Chief Justice Roberts and soon-to-be acting SG Garre are both Hogan alum.
5:08-
Please stop being doppelganger of my deceased husband Roger Lou.
With Respect.
Mrs. 诶比西
4:54 is right. Clement is not likely to go to any shop where there is already a high profile former SG/acting SG heading the appeallate shop. Why be number two at Gibson or OMM when you can be number 1 at Kirkland or Hogan? I suspect that Kirkland is the most likely since Starr is mostly busy being a Dean. Hogan would be a good choice, but since Garre is the presumptive acting SG, and will presumably go back to Hogan, it might be less likely. Akin already spent a huge wad to buy an appellate practice with Goldstein, as did wilmer with Waxman. Neither one is likely to want to pay for a second high profile supreme court litigator.
I doubt he would go to a smaller firm like Robbins Russel or Kellogg Huber. They both get a lot of Supreme Court work already and get less spillover benefit (in the rest of their litigation practice) than would a bigger firm.
Covington is another possibility -- it has hired one SG refugee recently and may be looking to increase its profile at the Court.
He should be quickly appointed to a Court of Appeals isn't there an opening on the D.C. Circuit?
"Prevailing in the vast majority of his cases before the Court " -- how about "losing some of them even though his party appointed 7-9 members of the Bench."
Yo
Who cares about "The Elect"? A3G is dead -- time for some real people to get appointed to these job. To hell with supreme clerks -- it just meant you never went out in law school. nothing more, nothing less.
Why would he go to one of these awful law firms you people are listing?
Why not just skip the middle man and go in house for some Republican company like Wal-Mart, Haliburton or American Tobacco?
He should have resigned and been nominated to the DC or Fourth years ago, back when confirmation was a plausible scenario.
Maybe he can become Dean of the prestigious Regent University School of Law
7:12--Right on. Or how about dean at the prestigious Ave Maria Law School, or whatever the hell the school is that Bork is at now.
Sounds of deck chairs being rearranged on the Titanic . . . . .
"Why not just skip the middle man and go in house for some Republican company like Wal-Mart"
Wal-Mart is run by Democrats, numbnutz, and Hillary Clinton served on their board.
I hear that Clement really liked his time at K&S, so it would not surprise me to see him go back there. Don't underestimate the importance of a comfortable place. Would have to pony up the money, of course
Kash, do you want to Solicitor my General?
Who is running the country these days? All of the decision makers have either resigned, been fired or been humiliated and rendered useless. Who the hell is in charge?
9:20.
Acting SG, Roger Lou.
Perhaps Regent Univerisity needs a Dean.
Best of luck to him.
Smartest guy I've ever met/worked with.