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Speaker 1: This is Bloomberg Law with June Brusso from Bloomberg Radio.

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Speaker 2: We'll hear argument this morning in case twenty two to

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Speaker 2: fifty eight United States versus Texas. General preliguard, mister Chief Justice,

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Speaker 2: and may it please the Court. There are more than

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Speaker 2: eleven million removable non citizens in this country and DHS

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Speaker 2: has about six thousand interior enforcement officers. To focus the

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Speaker 2: agency's limited resources on threats to public safety, national security,

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Speaker 2: and border security, DHS adopted enforcement priorities, but the district

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Speaker 2: Court issued a sweeping ruling vacating the guidelines nationwide. This

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Speaker 2: court should reverse.

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Speaker 1: And the court did reverse, allowing the Biden administration to

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Speaker 1: shift the government's immigration enforcement priorities. It was one of

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Speaker 1: the eight cases that Solicitor General Elizabeth Prelager argued at

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Speaker 1: the Supreme Court last term, trying to convince at least

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Speaker 1: five of the nine justices to sode with the government,

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Speaker 1: a task that's gotten tougher with a conservative led court

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Speaker 1: less inclined to sod with the Biden administration and willing

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Speaker 1: to overturn president. But in the case of United States

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Speaker 1: versus Texas, pre Lager managed to convince eight of the

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Speaker 1: nine justices joining me is Lydia Wheeler, Bloomberg Law Senior reporter.

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Speaker 1: Let's start on a personal note. Lawyers are often creatures

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Speaker 1: of habit with rituals before trials or arguments, and pre

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Speaker 1: Lager has a breakfast ritual.

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Speaker 3: So Supreme Court argument days always start out the same.

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Speaker 3: For the blister General, Elizabeth Prelagger, she eats five or

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Speaker 3: six bananas, if you can believe it, in the morning

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Speaker 3: for breakfast. She said this while she was speaking recently

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Speaker 3: in May, she gave a public appearance at a Circuit

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Speaker 3: Court conference, and she says that it is a really good

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Speaker 3: breakfast to calm your nerves. From what I've heard from

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Speaker 3: others is there's apparently some natural beta blockers in bananas

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Speaker 3: that help with anxiety and nervous So that's her routine.

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Speaker 1: So the introduction is very short before they start hammering

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Speaker 1: you with questions. And she tries that out on her

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Speaker 1: preteen sons.

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Speaker 3: Yeah, that's right. So they only get a couple of

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Speaker 3: minutes to kind of kick off their arguments uninterrupted, you know,

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Speaker 3: before the justices start jumping in with question when you're

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Speaker 3: arguing before the court. So the splitter General said that

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Speaker 3: she in preparing for her argument. The day before the argument,

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Speaker 3: she tries to cut her day off kind of at

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Speaker 3: a normal business hour and go home and have dinner

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Speaker 3: with her family. And then when dinner's done, she said,

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Speaker 3: she practices her opening arguments in front of her sons,

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Speaker 3: who at the time in May, we're nine and twelve.

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Speaker 3: And then they rate her. She said, you know, just

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Speaker 3: go one to ten on how well she's done. And

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Speaker 3: so she doesn't always get a ten. I think, she said,

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Speaker 3: like the last time they raid her, she got a seven.

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Speaker 1: Well, they're pretty good if they're understanding those at that age.

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Speaker 1: So for those who may not be familiar with the

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Speaker 1: office of the solicitor General, tell us why the solicitor

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Speaker 1: general is sometimes referred to as the tenth justice.

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Speaker 3: Right, So, the solicitor General's job is to be the

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Speaker 3: one who represents the federal government and court at the

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Speaker 3: Supreme Court specifically, so that is the person who's defending

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Speaker 3: the administration against challenges to their policies. They also jump

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Speaker 3: in kind of to other arguments. Sometimes they're asked by

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Speaker 3: the court kind of what are their views on the

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Speaker 3: challenge and that they may not be involved in, and

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Speaker 3: so they're seen as being kind of above the fray,

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Speaker 3: above the political partisanship, and so that's why they're often

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Speaker 3: referred to as the tenth Justice. And that makes the

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Speaker 3: job pretty difficult, right, because you have to think about

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Speaker 3: your objectives in the immediate but also the government's long

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Speaker 3: term interest.

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Speaker 1: This court is very conservative, as a super conservative majority.

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Speaker 1: Does that make her job more difficult when she's advocating

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Speaker 1: for the Biden administration?

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Speaker 3: Absolutely. You know, my colleague Kimberly Robinson and I chatted

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Speaker 3: with people who have held this post before, and we

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Speaker 3: chatted with people who have worked for and with this

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Speaker 3: lister General, and they all have agreed that this is

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Speaker 3: a difficult job that's gotten even tougher with a course

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Speaker 3: that's dominated six to three by conservatives. And these are

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Speaker 3: conservatives who have not only shown us that they're willing

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Speaker 3: to overturn Supreme Court precedent, but also these are conservatives

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Speaker 3: who seem deeply skeptical of what they view as the

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Speaker 3: administration's aggressive use of executive power when there is an

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Speaker 3: express authorization from Congress to take certain actions.

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Speaker 1: And she can't make inconsistent arguments or burn bridges because

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Speaker 1: she knows she'll be back again arguing before them.

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Speaker 3: That's right. That's what makes this job kind of tough, right,

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Speaker 3: is that she has to be strategic and find the

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Speaker 3: winning arguments that are going to you know, maybe squeak

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Speaker 3: out a win where she can without kind of creating

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Speaker 3: roadblocks for the government in the future. You know, one

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Speaker 3: argument that they might want to put forward and to

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Speaker 3: win one case might not work later on, or you know,

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Speaker 3: might come back to bite them. So she has to

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Speaker 3: be very careful all about the arguments that she's presenting.

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Speaker 3: And you know, surprisingly, despite all the challenges that she's facing,

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Speaker 3: she was able to sweak out some surprising victories this term.

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Speaker 3: You know, she ended the court with a foreign four record.

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Speaker 1: I was looking at that foreign four record. How do

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Speaker 1: people view that? Because you know, it's a draw.

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Speaker 3: I mean, I think that some people thought that it

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Speaker 3: was better than what they had anticipated. But you know,

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Speaker 3: some legal scholars that I spoke with said that that's

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Speaker 3: really indicative of how people view the court. You know,

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Speaker 3: given the conservative makeup, is that people think that if, oh,

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Speaker 3: the Biden administration's attorneys before the court, they're never going

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Speaker 3: to win. Right. Well, Elizabeth Prelauger showed us that that's

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Speaker 3: not always the case, you know. And then there were

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Speaker 3: cases where although they look like it's a loss to

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Speaker 3: her and we count them as a loss, she was

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Speaker 3: able to kind of stop the court from going farther

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Speaker 3: than it could have. And I think that that really

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Speaker 3: speaks to kind of how talented she is in this role.

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Speaker 3: We heard from people who have worked with her work

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Speaker 3: for her, who just say that in an office where

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Speaker 3: there's exemplary attorneys, that Elizabeth Prelager is kind of a

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Speaker 3: star amongst ours.

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Speaker 1: So she lost some big cases, like affirmative action in

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Speaker 1: Biden's student loan program, but then again she won some

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Speaker 1: big cases.

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Speaker 3: That's right. You know, the court sided with her in

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Speaker 3: rejecting a Republican backed effort to give state legislatures and

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Speaker 3: here exclusive authority to step federal election rules. You know,

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Speaker 3: that case was known as Moore versus Harper, and court

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Speaker 3: watchers were really worried about it because it had the

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Speaker 3: potential to really kind of wreck havoc on federal election

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Speaker 3: rules and really changed the twenty twenty four election results.

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Speaker 3: And then there was another case where you know, she

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Speaker 3: lost ultimately in fighting for President Biden's student loan forgiveness plan.

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Speaker 3: But you'll remember that there were two cases against that,

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Speaker 3: and she convinced the court to toss out one of

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Speaker 3: those challenges. But that was technically a win. That was

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Speaker 3: a challenge that student loan borrowers had brought against the plan,

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Speaker 3: and she had argued that they didn't have the required

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Speaker 3: in injury to bring their lawsuit in court, and the

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Speaker 3: court unanimously agreed with her on that one. There are

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Speaker 3: other wins too, you know, she scored victories when the

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Speaker 3: court let the Biden administration shift its immigration policies, and

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Speaker 3: also when it upheld a lower court's decision that requires

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Speaker 3: Alabama to draw a second majority black congressional district. So

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Speaker 3: that was a voting rights case that really threatened Voting

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Speaker 3: Rights Act that she was able to win. There.

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Speaker 1: Tough job, It's an uphill battle every time.

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Speaker 3: Yeah, let's talk.

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Speaker 1: About her background. I was surprised to learn she has

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Speaker 1: a master's degree in creative writing, which may be helpful

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Speaker 1: in some of these cases.

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Speaker 3: But I think it is you know, a lot of

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Speaker 3: people spoke to the fact that she is a really

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Speaker 3: talented writer here. You know, when she spoke at that

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Speaker 3: conference in May and Philadelphia, as she actually said she

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Speaker 3: thought she was going to go into journalism. That was

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Speaker 3: a career path that she thought that she was headed for.

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Speaker 3: Before Harvard, she.

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Speaker 1: Clerk for both the late Justice Ruth Bader Ginsburg and

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Speaker 1: Justice Elena Kagan, and they said she was one of

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Speaker 1: the best law clerks had.

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Speaker 3: Yeah, that's right. So she had the rarity where she

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Speaker 3: clerked for not only one, but two Supreme Court justices.

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Speaker 3: She also clerked for Merrik Garland, who was at the

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Speaker 3: time a judge on the DC Circuit Court of Appeals.

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Speaker 3: And when she was applying for her role in this

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Speaker 3: Blister General's office, Donald Verilli, who also served as the

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Speaker 3: Blister General, you know, he hired her to that office

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Speaker 3: in an assistant capacity. And he said that he actually

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Speaker 3: got phone calls from both of the justices, both Ginsburg

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Speaker 3: and Kagan, called him and said, you know, hey, you

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Speaker 3: have to hire her. You couldn't possibly do any better.

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Speaker 3: She's one of the best law clerks that we've ever had.

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Speaker 3: And you know, I spoke with another attorney who also

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Speaker 3: had hired Elizabeth Prelagger in private practice, and he said

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Speaker 3: that he had also received a phone call from Justice Ginsberg,

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Speaker 3: who at the time had said that Elizabeth Prelagger was

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Speaker 3: the best law that she had ever had in I

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Speaker 3: think some thirty years.

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Speaker 1: Hi praise you write that the same word was used

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Speaker 1: over and over to describe her. Unflappable.

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Speaker 3: Yeah. Absolutely. An interview after interview after interview that we

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Speaker 3: did to learn about her and her record and what

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Speaker 3: she's like, the same word kept coming up time and again.

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Speaker 3: And you know, people say that she's just someone who's

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Speaker 3: kind of unshaken. You know, she has an incredible talent

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Speaker 3: to answer the justices questions and to go before a

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Speaker 3: course that's sometimes seen as pretty hostile, you know, to

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Speaker 3: the positions that she's putting forth, and that she's just

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Speaker 3: completely unshaken. You know, I chatted with this woman who

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Speaker 3: worked as a Bristow fellow in the office of Splitter

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Speaker 3: General and she said that, you know, she worked under

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Speaker 3: Elizabeth Prelager and said that she never saw her get stressed.

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Speaker 3: You know, everybody gets stressed out and gosh, the Blister

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Speaker 3: General's job is so stressful. But you know, she said

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Speaker 3: that Elizabeth Prelober is very good at not showing that

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Speaker 3: and also not letting that stress trickle down to the

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Speaker 3: staff below her.

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Speaker 1: I hadn't realized this, but when she started as Solicitor

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Speaker 1: General last term, her first challenge was the abortion arguments,

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Speaker 1: which you know, we know were the most high profile

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Speaker 1: of that term and perhaps the most high profile of

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Speaker 1: many terms.

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Speaker 3: That's right. She got thrown right into the deep end

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Speaker 3: for sure on that one. Within days of being confirmed

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Speaker 3: to the office, she was before the court arguing, you know,

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Speaker 3: Texas had tried to put forward a law that banned

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Speaker 3: abortion after six weeks of pregnancy. Now this is prior

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Speaker 3: to the Court overturning the constitutional right to abortion, so

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Speaker 3: this was really seen as kind of one of the

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Speaker 3: biggest abortion fights that had reached the Supreme Court at

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Speaker 3: that time. And the law, as I mentioned, banned abortion

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Speaker 3: after six weeks of pregnancy, but also had kind of

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Speaker 3: this novel enforcement aspect to it. It left private citizens

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Speaker 3: to kind of call people in and you know, cattle

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Speaker 3: almost And so she was thrown right into the deep

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Speaker 3: end there to argue against that law and to try

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Speaker 3: to convince the justices not to let challenges against it

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Speaker 3: go forward. And so she ultimately lost that one, but

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Speaker 3: you know, she went on to argue many more cases

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Speaker 3: of significance that term. Last term, there was a lot

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Speaker 3: of cases challenging the COVID policies, so she had a

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Speaker 3: lot of those as well. There was people that we

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Speaker 3: talked to that said that they can't think of a

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Speaker 3: solicter general with so many high stakes challenges, you know,

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Speaker 3: right off the bat.

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Speaker 1: So this is such a high profile legal job, one

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Speaker 1: of the most high profile in the legal profession. Are

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Speaker 1: the opportunities after she leaves the office sort of endless.

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Speaker 3: It seems that way for sure. I think, you know,

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Speaker 3: Elizabeth Prelaber has her pick of jobs if she decides

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Speaker 3: to leave the Solister General's office. I've chatted with people

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Speaker 3: who said that a lot of former sgs, you know,

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Speaker 3: end up in private practice. Some of them, though, go

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Speaker 3: on to big roles. You think of William Howard task

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Speaker 3: before he was president, he served as Solicitor General. There's

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Speaker 3: also been former sds that have gone on to be

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Speaker 3: presidents of universities. So it depends on what she wants

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Speaker 3: to do. You know, she is the second woman confirmed

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Speaker 3: to this role. The first was the justice that she

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Speaker 3: clerked for, Justice Olena came So many see this as

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Speaker 3: a pathway to the federal bench, either on a district

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Speaker 3: a pellet or even the Supreme Court. You know, there

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Speaker 3: are many people that say they'd like to see her

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Speaker 3: on the Supreme Court and that could be a real

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Speaker 3: possibility for her in the future.

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Speaker 1: You talked to Neil Katyall who was the former Acting

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Speaker 1: Solicitor General, so he said that she has a place

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Speaker 1: at Hogan Levels, which is the firm that he's at.

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Speaker 3: That's right, So, you know, he had said that he

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Speaker 3: wants her back. You know, he hired her originally, so

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Speaker 3: she did a stint in private practice before the Splister

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Speaker 3: General's office, and he said that he'd love to have

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Speaker 3: her back. And I said, well, have you talked to

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Speaker 3: her about that? He said, oh, of course not. You know,

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Speaker 3: I can't I can't do that, that would be inappropriate.

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Speaker 3: But I hope she knows, you know.

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Speaker 1: Yeah.

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Speaker 3: So I think all the top firms that have specific

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Speaker 3: practices in Supreme Court advocacy will be vying for her

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Speaker 3: because she does have the stellar reputation in arguing before

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Speaker 3: the Supreme Court. So he said he wants her back,

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Speaker 3: but he also said, you know, I'd like to see her,

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Speaker 3: you know, on the Supreme Court giving some touristeners o

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Speaker 3: all a hard time. So we'll have to see what

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Speaker 3: she chooses to do. But I think she is definitely

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Speaker 3: someone to watch.

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Speaker 1: And she's so young to be in this position.

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Speaker 3: Forty three, right, Yeah, that's pretty young for veteran Supreme

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Speaker 3: Court advocacy standards. So she's really made her way already

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Speaker 3: at such a short time, and I think she has

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Speaker 3: a long career ahead of her, and so it'll be

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Speaker 3: really interesting to see what she does next.

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Speaker 1: It's a really interesting story. Thanks so much, Lydia. That's

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Speaker 1: Bloomberg Law Senior reporter Lydia Wheeler, and that's it for

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Speaker 1: this edition of The Bloomberg Law Show. Remember you can

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