Traditions
Several traditions have developed since the Office of Solicitor General was established in 1870. Most obviously to spectators at oral argument before the Court, the Solicitor General and his or her deputies traditionally appear in formal morning coats, although Elena Kagan, the first woman to hold the office, elected to forgo the practice. On at least one occasion, there was concern that the manner in which advocates before the Court dress might have an effect on the decision. For example, when Leon Jaworski argued for the disclosure of Richard Nixon's tapes during the Watergate crisis, he wished to convey the impression that he was acting on behalf of the Government, and thus, by tradition, should have worn a morning coat. At the same time, Jaworski believed that such attire made him look like a penguin and slightly ridiculous. After discreet inquiries, he learned that it would be permissible for him to appear in a business suit. During oral argument, the members of the Court often use the formal address "General." More significantly, the Solicitor General is permitted to "lodge" in the appellate record new evidence that would ordinarily not be considered by the justices.
Another tradition, possibly unique to the United States, is the practice of confession of error. If the government prevailed in the lower court but the Solicitor General disagrees with the result, he or she may confess error, after which the Supreme Court will vacate the lower court's ruling and send the case back for reconsideration.
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Famous quotes containing the word traditions:
“And all the great traditions of the Past
They saw reflected in the coming time.
And thus forever with reverted look
The mystic volume of the world they read,
Spelling it backward, like a Hebrew book,
Till life became a Legend of the Dead.”
—Henry Wadsworth Longfellow (1809–1882)
“I think a Person who is thus terrifyed [sic] with the Imagination of Ghosts and Spectres much more reasonable, than one who contrary to the Reports of all Historians sacred and profane, ancient and modern, and to the Traditions of all Nations, thinks the Appearance of Spirits fabulous and groundless.”
—Joseph Addison (1672–1719)
“... the more we recruit from immigrants who bring no personal traditions with them, the more America is going to ignore the things of the spirit. No one whose consuming desire is either for food or for motor-cars is going to care about culture, or even know what it is.”
—Katharine Fullerton Gerould (1879–1944)