CNN.com: When Will Biden Ask the Supreme Court to Uphold Obamacare?

February 02, 2021

O’Melveny partner and former Deputy US Solicitor General Michael Dreeben is quoted in this CNN.com article, which discussed whether President Biden’s Justice Department will change the federal government’s position before the Supreme Court on the Affordable Care Act.

“Recently, three powerful former members of the Office of Solicitor General, a small cadre of top-notch appellate lawyers who argue the government’s position before the Supreme Court, have made clear that there are times when the head or acting head of the Office should not shy away from a change of position,” CNN reported.

Dreeben, who served in the Office of the Solicitor General for more than 30 years, recently penned a piece for the Yale Law Journal in which he addressed the practice of changing positions. He suggested that reversals could not be done “lightly or frequently,” but observed that Trump’s Solicitor General had taken dramatic shifts in position and often succeeded before the justices. In its first full term at the Supreme Court during the Trump administration, the office of Solicitor General made four major reversals that were “abrupt and appeared strikingly at odds with institutional norms,” but still prevailed, Dreeben noted. “Consistency is a virtue—up to a point,” he concluded

Read the full article here.