Noel J. Francisco (by Jones Day/YouTube)
Noel Francisco is expected to step down as Solicitor General in the next few days. The former partner from Jones Day — obviously — will presumably return to private practice in the as-yet undrained swamp.
Francisco racked up a number of successes at the Supreme Court, though this might have more to do with the effort to stack the judiciary with FedSoc zealots than sterling advocacy like when he defended the Muslim Travel Ban by expressing the administration’s admiration for the “country of Islam.”
It’s unclear who would take over the role in Francisco’s absence. Principal deputy solicitor general Jeff Wall would be the conventional “line of succession” choice, though Deputy White House Counsel Patrick Philbin reportedly wants the job too.
But Donald Trump has largely eschewed convention in appointing his lawyers and given the sort of cases the administration is likely to pursue over the next few months — everything from declaring martial law to canceling elections — Trump and Barr may be focused on finding an attorney with more… flexibility.
Jay Sekulow? There’s a guy with demonstrated experience in making zany arguments to the Supreme Court. John Dowd just wrote a wild love letter to Trumpism and that’s exactly how Bill Barr got his job. Hey, Kayleigh McEnany’s technically a lawyer and it’s not like she’s great at this press secretary gig. And let’s not forget that both Ken Starr and The Dersh are out there.
Now, those options would require a Senate confirmation hearing that Trump probably has no interest in dealing with. Though if McConnell’s ramrod schedule to place his 37-year-old protege on the DC Circuit is any indication, it’s not like he’s got any problems getting a party-line vote off a streamlined hearing schedule.
So say hello to Solicitor General Jeanine Pirro!
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.