Often called the "tenth justice," the solicitor general of the United States represents the interests of the United States before the U.S. Supreme Court. Though appointed by the president and working in the U.S. Department of Justice, the solicitor general is not only an advocate for the positions of the current administration in cases, but also represents the fundamental interests of the United States and the Constitution. This means that the solicitor general should be circumspect in changing the positions or “switching sides” taken by his or her predecessors in previous administrations in arguments he or she makes to the court. More importantly, it means that the solicitor general should not make outcome-based arguments on inherently political issues; instead, the rule of law must always be the guiding principle for arguments to the court.

This is why it is disappointing that President Joe Biden’s solicitor general has switched the legal positions taken by the Justice Department under Presidents Barack Obama and Donald Trump regarding federal preemption of state climate change lawsuits. On Dec. 10, the solicitor general urged the court to deny certiorari to review a decision of the Hawaii Supreme Court in Sunoco LLP v. City of Honolulu (Nos. 23-947 & 23-952).