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In cases where the federal government is not a party, when determining whether to grant certiorari, the Court will sometimes request the Solicitor General weigh in, a procedure referred to as a "Call for the Views of the Solicitor General" (CVSG).[1] In response to a CVSG, the Solicitor General will file a brief opining on whether the petition should be granted and, usually, which party should prevail.[2]
Although the CVSG is technically an invitation, the Solicitor General's office treats it as tantamount to a command.[2] Philip Elman, who served as an attorney in the Solicitor General's office and was primary author of the federal government's brief in Brown v. Board of Education, wrote "When the Supreme Court invites you, that's the equivalent of a royal command. An invitation from the Supreme Court just can't be rejected."[3][4]
The Court typically issues a CVSG where the justices believe that the petition is important, and may be considering granting it, but would like a legal opinion before making that decision.[3] Examples of where the Court will issue a CSVG is where there is a federal interest involved in the case; a new issue for which there is no established precedent; or where an issue has evolved, perhaps becoming more complex or affecting other issues.[3]
Although there is no deadline by which the Solicitor General is required to respond to a CVSG, briefs in response to the CVSG are generally filed at three times of the year: late May, allowing the petition to be considered before the Court breaks for summer recess; August, allowing the petition to go on the "summer list", to be considered at the end of recess; and December, allowing the case to be argued in the remainder of the current Supreme Court term.[2]
- ^ Black, Ryan C.; Owens, Ryan J. (Apr 30, 2012). The Solicitor General and the United States Supreme Court: Executive Branch Influence and Judicial Decisions. Cambridge University Press. pp. 142–143. ISBN 9781107015296. OCLC 761858397.
- ^ a b c McElroy, Lisa (February 10, 2010). ""CVSG"s in plain English". ScotusBlog. Retrieved January 13, 2015.
- ^ a b c Lepore, Stefanie (December 2010). "The Development of the Supreme Court Practice of Calling for the Views of the Solicitor General". Journal of Supreme Court History. Retrieved January 14, 2015.
- ^ Elman, Philip; Silber, Norman (February 1987). "The Solicitor General's Office, Justice Frankfurter, and Civil Rights Litigation, 1946-1960: An Oral History". Harvard Law Review. 100 (4): 817–852.