Solicitor general in AP US Government

The solicitor general is the senior Justice Department lawyer who represents the federal government before the Supreme Court, deciding which cases the U.S. appeals and arguing the executive branch's position, which gives the presidency real influence over the Court's docket.

Verified for the 2027 AP US Government examLast updated June 2026

What is the solicitor general?

The solicitor general is the federal government's lawyer at the Supreme Court. Sitting just below the attorney general in the Justice Department, this official decides which cases the United States will appeal, files briefs, and stands up at the podium to argue the executive branch's side in oral arguments. When you hear that "the government" took a position in a Supreme Court case, the solicitor general is usually the person who took it.

The office has been around since the late 1800s, and over time it has become so influential that people sometimes call the solicitor general the "tenth justice." The Court grants cert (agrees to hear a case) far more often when the solicitor general asks, and the justices frequently invite the office to weigh in on cases even when the federal government isn't a party. That makes the solicitor general one of the clearest examples in AP Gov of how the executive branch interacts with, and tries to influence, the judiciary.

Why the solicitor general matters in AP® Gov

This term lives in Unit 2: Interactions Among Branches of Government, specifically Topic 2.10: The Court in Action. The CED's focus there (LO 2.10.A) is how life tenure lets the Court act independently of the current political climate, which sparks debate about the Court's power. The solicitor general is the flip side of that independence. Justices serve for life and don't answer to the president, but the president still gets a voice in nearly every major case through the solicitor general's briefs and arguments. So when you write about checks and balances or executive influence on the judiciary, the solicitor general is your concrete, named mechanism. It shows that "independent" doesn't mean "isolated."

How the solicitor general connects across the course

Amicus Curiae Briefs (Unit 2)

The solicitor general's most powerful everyday tool is the amicus brief, a "friend of the court" filing in cases where the U.S. isn't even a party. Interest groups file amicus briefs too, but the solicitor general's carry extra weight because they speak for the entire executive branch.

Life Tenure (Unit 2)

LO 2.10.A says life tenure makes the Court independent of politics. The solicitor general is how elected politics still reaches the Court anyway. Justices can't be fired by the president, but they hear the president's legal position in case after case.

Judicial Precedent (Unit 2)

Because the solicitor general helps pick which federal cases get appealed, the office shapes which questions the Court answers and which precedents get set or challenged. Controlling the docket is a quiet way of steering constitutional law.

Brown v. Board of Education (Units 2-3)

The federal government filed briefs supporting desegregation in Brown, a classic example of the solicitor general's office putting executive branch weight behind one side of a landmark civil rights case.

Is the solicitor general on the AP® Gov exam?

The solicitor general shows up most often in multiple-choice questions about Topic 2.10 and the cert process. Typical stems ask who represents the federal government before the Supreme Court, or how the executive branch can influence the judiciary despite life tenure and judicial independence. No released FRQ has centered on the term, but it's excellent supporting evidence in a Concept Application or Argument Essay about checks and balances. If a prompt asks how the president influences the courts, judicial appointments are the obvious answer; mentioning the solicitor general's role in shaping the Court's docket is the answer that shows real depth.

The solicitor general vs Attorney general

The attorney general is the head of the entire Justice Department and the president's chief legal advisor, a Cabinet-level job focused on running federal law enforcement. The solicitor general works underneath the attorney general and has one specialized job, which is representing the United States in court, especially at the Supreme Court. Quick test: who's actually arguing in front of the justices? That's the solicitor general.

Key things to remember about the solicitor general

  • The solicitor general is the Justice Department official who represents the United States before the Supreme Court and decides which federal cases the government appeals.

  • The office is the executive branch's main channel of influence over the judiciary on a case-by-case basis, even though justices have life tenure and can't be removed by the president.

  • The Supreme Court grants cert at a much higher rate when the solicitor general requests it, which is why the office is nicknamed the "tenth justice."

  • The solicitor general files amicus curiae briefs in cases where the federal government isn't a party, putting the administration's position on record.

  • Don't confuse the solicitor general with the attorney general; the attorney general runs the whole Justice Department, while the solicitor general handles the government's Supreme Court advocacy.

Frequently asked questions about the solicitor general

What is the solicitor general in AP Gov?

The solicitor general is the senior Justice Department lawyer who represents the federal government before the Supreme Court, deciding which cases the U.S. appeals and arguing the executive branch's positions. It's tested in Unit 2, Topic 2.10 (The Court in Action).

Is the solicitor general the same as the attorney general?

No. The attorney general heads the entire Justice Department and advises the president; the solicitor general is a subordinate official whose specific job is arguing the government's cases at the Supreme Court.

Why is the solicitor general called the tenth justice?

Because the office has outsized influence over the Court's work. The justices grant cert far more often when the solicitor general asks, and they regularly invite the office's views even in cases where the federal government isn't a party.

Does the solicitor general get to pick which cases the Supreme Court hears?

Not directly. The justices control their own docket through the cert process, but the solicitor general decides which cases the federal government appeals and which positions it argues, which heavily shapes what reaches the Court.

How does the solicitor general connect to checks and balances?

It's a concrete example of executive influence on an independent judiciary. Life tenure shields justices from political pressure (LO 2.10.A), but the president's administration still argues its side in major cases through the solicitor general's briefs and oral arguments.