Justice Samuel Alito is known for his aggressive questioning and strong conservative stance during oral arguments at the Supreme Court. However, Solicitor General Elizabeth Prelogar, the Biden administration’s top lawyer at the court, remains composed and precise in her responses to his challenges. Their exchanges over hot-button issues like abortion, vaccines, and regulatory power have become highly anticipated and widely viewed on social media platforms.
These interactions between Alito and Prelogar hold significant weight as they have the potential to influence other justices and impact the outcome of cases. Prelogar, 43, is responsible for arguing the government’s most consequential cases, and her ability to hold her ground against Alito may determine whether the government wins or loses.
Prelogar, originally from Boise, Idaho, attended Emory University and Harvard Law School. Her experience as a law clerk to liberal justices Ruth Bader Ginsburg and Elena Kagan provided her with valuable insight into the inner workings of the Supreme Court. She also served as an assistant to the solicitor general from 2014 to 2019 and was involved in the investigation into Russian interference in the 2016 presidential election.
Alito, a native of Trenton, New Jersey, has a long history in the legal field. After graduating from Princeton and Yale Law School, he served in the Department of Justice and eventually became a US attorney in New Jersey. He was appointed to the appellate court by President George H.W. Bush and later elevated to the Supreme Court by President George W. Bush.
The recent clash between Alito and Prelogar centered around a case involving the constitutionality of the Consumer Financial Protection Bureau’s funding structure. Alito challenged Prelogar’s justifications for the agency’s funding, prompting a spirited back-and-forth in the courtroom.
Despite facing an uphill battle as a progressive advocate in a conservative-majority court, Prelogar remains poised and confident in her arguments. Chief Justice John Roberts, who also served in the solicitor general’s office, is known for his rigorous preparation and tough questioning, but he lacks the antagonism often displayed by Alito.
In a recent argument over a Biden administration vaccine requirement, Alito questioned Prelogar about the risks associated with vaccines. While Alito acknowledged the safety and effectiveness of vaccines, he emphasized that there is still some level of risk involved. Prelogar countered by highlighting the significantly higher risks of remaining unvaccinated.
The exchanges between Alito and Prelogar not only provide drama in the courtroom but also have the potential to shape the court’s decisions. Prelogar’s ability to hold her ground and effectively argue the government’s position may play a crucial role in the outcome of cases.
