On the recordSeptember 25, 2017
Mr. President, I could not support Noel Francisco's confirmation to serve as the 47th Solicitor General of the United States. I do not believe Mr. Francisco can serve as a check on this administration and this President. Created in 1870 and colloquially referred to as the ``10th Supreme Court Justice,'' the Solicitor General represents the U.S. Government before the Supreme Court. The Solicitor General culls through thousands of cases a year and selects which cases the Department of Justice will appeal. Although the Solicitor General is the third highest ranked office in the Department of Justice, it is the Solicitor General alone who selects and approves every appeal. This heavy responsibility requires that the Solicitor General use sound legal judgment and resist pressure from and maintain independence from the President and Cabinet- level members. History contains examples of Solicitors General who deferred to the President while constructing legal strategy and Presidents who were directly involved with shaping legal arguments. President Eisenhower personally wrote handwritten notes on his Solicitor General's briefs before they were submitted to the Supreme Court. President Eisenhower's notes softened the Solicitor General's tone regarding the expediency of desegregation after the seminal Supreme Court decision of Brown v. Board of Education.…





