How Elizabeth Prelogar Stands Up to a Runaway Supreme Court

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How Elizabeth Prelogar Stands Up to a Runaway Supreme Court
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From Idaho beauty pageants to Harvard Law School to the chambers of Ruth Bader Ginsburg, the solicitor general of the United States has stood in front of judges all her life. Yet her role as the government’s last line of defense may be her toughest yet.

Yet on her mind that day as she was going door-to-door was the fate of abortion rights in Texas, which the state had all but nullified with a new law, SB 8, allowing private parties to sue neighbors, doctors, or anyone else they suspected of performing or assisting a person in obtaining an abortion—at the time still a fundamentally protected right under the Constitution. “SB 8 is a brazen attack on the coordinate branches of the federal government,” she argued on November 1.

But as soon as one did in the summer of 2014, she applied. Michael Dreeben, a longtime deputy solicitor general who has argued more than 100 cases before the Supreme Court and was tapped as a counselor to special counsel Jack Smith, was among the first to zero in on Prelogar’s long-term goals. During a talk at Duke last year, she recounted that in one of the interview rounds, Dreeben asked her: “If you could have any job in the law, what would it be?” She replied: “Solicitor general.

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