|
FUNCTIONS: The Division of Special Appellate and Supreme Court
Litigation (SASCL) handles all the Department's Supreme Court litigation (in
conjunction with the Solicitor General's office at the Department of Justice)
as well as selected Court of Appeals litigation presenting issues of unusual
importance, novelty or difficulty. This Division is one of the two divisions in
the Office of the Solicitor that is defined by function rather than by program.
SASCL handles cases under all the various statutes and executive orders
enforced by the Department.
ORGANIZATION: The Division is headed by an Associate Solicitor
and a Deputy Associate Solicitor. It has, in addition, five senior attorneys,
three paralegals, and a staff assistant.
DESCRIPTION OF DUTIES: In the Supreme Court, SASCL is responsible
for every aspect of the Department's representation, both in cases in which the
Department is a party or amicus curiae and in other cases presenting matters of
Departmental concern. In these cases, SASCL consults with the Solicitor and the
program divisions and their respective clients and transmits the Department's
views to the Solicitor General in the Department of Justice. In the
Department's own cases, SASCL routinely drafts all the Department's petitions
for writs of certiorari, oppositions to certiorari, and briefs on the merits
for which the Solicitor General has final authority. It also aids the Solicitor
General's office in preparing for oral arguments and participates in moot
courts. In cases in which the Department is not a party or amicus but its
interests are at stake, the Division makes recommendations to the Solicitor
General and submits legal memoranda and reviews draft briefs prepared elsewhere
in the government to assure that the Department's views are taken into account
in any filing the government makes.
In the Courts of Appeals, the cases handled by SASCL are selected
because they involve novel, constitutional, or especially difficult or complex
issues, questions affecting more than one Departmental program or government
agency, or principles basic to a regulatory or enforcement scheme. When a case
is transferred to SASCL for handling, the Division drafts and files all
documents and presents oral arguments in the various circuit courts. SASCL
consults with the originating program and the client agency regarding program
and policy considerations.
In addition to preparing briefs, the Division provides miscellaneous
appellate advice and assistance to the Solicitor and performs a coordination
and oversight function. For example, SASCL reviews every appeal recommendation
in the Department, whether or not it is an appeal this Division will handle,
and makes an independent appeal recommendation to the Solicitor. SASCL also
advises other divisions on matters of general appellate practice and
strategy.
Finally, the Division provides advice to the Directorate of Civil Rights
on the legal sufficiency of internal EEO decisions. It also provides legal
advice on Constitutional issues relating to the Department's faith-based
initiatives.
| 
