The Bush administration has been reluctant to release John Roberts’ work from his time as deputy solicitor general. John Roberts’ role in redefining the position of the solicitor general — which actually dates back to his work in the Reagan administration — may be why.
Since 1870, when Congress passed legislation officially creating the solicitor general’s position, it has been widely accepted that the solicitor general has but one client: the U.S. government. Historically, the office has always been respected for its nonpartisanship: “For example, no modern presidents were more partisan — or more politically opposite — than Lyndon Johnson and Richard Nixon. Yet former Harvard Law School Dean Erwin Griswold served as solicitor general for both these presidents.”
“It was not until the Reagan presidency that the office was first truly politicized.” Read more