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Tonymauro's profile
Tony Mauro
Tony Mauro
Tony Mauro
@Tonymauro

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Tony Mauro

@Tonymauro

Supreme Court correspondent, http://law.com  and The National Law Journal @TheNLJ. Interested in all things #scotus

Washington, DC
nationallawjournal.com
Joined January 2009

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    1. Sheldon Gilbert‏ @sheldongilbert Jun 22

      Happy birthday, Office of the Solicitor General! #OTD 6/22/1870, Pres. Grant signed into law legislation creating Dep of Justice & the role of "Solicitor General." The statutory requirement to be SG? The candidate had to be "learned in the law"... #CourtingHistorypic.twitter.com/4HtbZRaGBP

      3 replies 18 retweets 35 likes
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    2. Sheldon Gilbert‏ @sheldongilbert Jun 22

      1/ Congress created the office of Attorney General in 1789, but there was no Department of Justice until 1870. But during the post-Civil War Reconstruction period, the work of the AG expanded significantly...

      1 reply 0 retweets 2 likes
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    3. Sheldon Gilbert‏ @sheldongilbert Jun 22

      2/ AG Henry Stanberry complained to Congress in 1867 that the AG had too much work to do such that it was difficult to have time for "preparation and argument of cases before the Supreme Court"... So, he asked for an assistant to take over that job...pic.twitter.com/1vm5ofxrnL

      1 reply 0 retweets 4 likes
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    4. Sheldon Gilbert‏ @sheldongilbert Jun 22

      3/ It took a few years but Congress finally created the DOJ and the role of Solicitor General in 1870. Seth Waxman has an article on the history of the SG where he points out that in 1789, the *AG* was required to be "learned in the law" but Congress dropped that req't for the AG

      1 reply 0 retweets 4 likes
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    5. Sheldon Gilbert‏ @sheldongilbert Jun 22

      4/ ... but to be the Solicitor General, a nominee still must be "learned in the law." I haven't confirmed, but Waxman (a former SG!) says that the SG is the *only* federal officer required to be "learned in the law." https://www.justice.gov/osg/about-office … (note: doesn't say "licensed"!)

      3 replies 0 retweets 6 likes
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    6. Tony Mauro‏ @Tonymauro Jun 24
      Replying to @sheldongilbert

      When I wrote about this some years ago, I was reminded that the Senate Legal Counsel must also be "learned in the law."https://www.law.cornell.edu/uscode/text/2/288 …

      1 reply 0 retweets 1 like
    7. Sheldon Gilbert‏ @sheldongilbert Jun 24
      Replying to @Tonymauro

      Is Senate counsel an "officer" of the United States?

      1 reply 0 retweets 0 likes
      Tony Mauro‏ @Tonymauro Jun 24
      Replying to @sheldongilbert

      It would seem so, but OTOH, I am sure that Seth Waxman chose his words carefully.

      1:18 PM - 24 Jun 2018
      • 1 Like
      • Sheldon Gilbert
      1 reply 0 retweets 1 like
        1. New conversation
        2. Sasha Samberg-Champion‏ @ssamcham Jun 24
          Replying to @Tonymauro @sheldongilbert

          I'm guessing that he used "officer of the United States" as the term is used in the Constitution, i.e., someone appointed by the President. Senators are not officers of the United States, individually or collectively, nor is Senate counsel.

          1 reply 0 retweets 1 like
        3. Sheldon Gilbert‏ @sheldongilbert Jun 24
          Replying to @ssamcham @Tonymauro

          Yeah that's my assumption. Hence his reference to the AG as the first officer to have that requirement.

          1 reply 0 retweets 1 like
        4. Sheldon Gilbert‏ @sheldongilbert Jun 24
          Replying to @sheldongilbert @ssamcham @Tonymauro

          (and when I said I hadn't checked if Seth was right, I assumed he was—but his remarks were in 1996 and it's possible there was some sort of new legislation since then).

          0 replies 0 retweets 1 like
        5. End of conversation

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