Bloomberg Law by Kimberly Strawbridge Robinson 11/23/2020
• Election case could force Biden administration to switch sides
• Change in position risks undercutting solicitor general’s credibility
President-elect Joe Biden’s top lawyer at the Supreme Court may have no choice but to change the government’s position in an election dispute out of Arizona, the sort of pivot that is awkward for lawyers and irritates the justices.
The case, Brnovich v. Democratic National Committee, takes aim at voting restrictions passed by the state to limit out-of-precinct voting and restrict who can collect and return mail-in ballots. Republicans say the law is designed to prevent voter fraud while Democrats say it disenfranchises minority voters, who disproportionately vote outside their precincts and rely on others to handle their mail-in ballots.
That case is one in which the incoming Biden administration may do an about face, said Paul Bender, who was the second in command in the solicitor general’s office during the Clinton administration.
The new solicitor general will try to do as much as possible to avoid that, Bender said. “But sometimes, you just can’t.â€
If pushed to change positions it could hurt the incoming solicitor general’s reputation as an apolitical actor, making arguments based on the law rather than political considerations.
More:
https://news.bloomberglaw.com/us-law-week/election-case-risks-awkward-about-face-for-biden-administration
