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The Observer, Volume LVI, Issue 4, 09/13/24

Page 1

Editorial: Supporting college journalists: The Observer is not The Daily (pg. 9)

The Case Western Reserve

Observer

Friday, September 13, 2024 Volume LVI, Issue 4 Est. 1969

SPORTS Darcy Chew Sports Editor After Case Western Reserve University’s volleyball team swept the Great Lakes Cross Over at Cedar Point Sports Center, they returned to Horsburgh Gymnasium looking to extend their win streak and dominate the court in the CWRU Quad. Not only did the Spartans succeed in sweeping all three of the matchups 3-0, the squad also ended the tournament with a special celebration as they concluded CWRU Quad 2024 with Head Coach Karen Farrell’s 500th career win. Of the 500 wins, 415 occurred during her 22 seasons at CWRU. “I’ve been blessed with a really awesome career and great assistant coaches and great players and great alumni that continue to support us. The match that we just played for the 500th win was just the culmination of a really beautiful match. The team just competed really hard all the way through. And it’s really exciting to see what we’re capable of when we put it all together. And it’s just a really awesome feeling to get to this point in my career and be with such a competitive team that works hard and wants to win, and is just really kind and supportive of each other.” Farrell said, commenting on her impressive achievement. Continue reading on page 10

NEWS

US Solicitor General Elizabeth Prelogar speaks about her work at CWRU Elie Aoun Director of Print On Sept. 4, U.S. Solicitor General Elizabeth B. Prelogar spoke at the Case Western Reserve University School of Law as part of the Sumner Canary Memorial lecture. Her hour-long talk covered a wide range of topics, including the nature of her job, issues facing the Supreme Court and her advice for future lawyers. Sometimes called the “tenth justice” of the Supreme Court, the solicitor general (SG) is the fourthhighest-ranked position in the Department of Justice and represents the federal government in cases before the Supreme Court. Since her confirmation as the 48th SG on Oct. 28, 2021, Prelogar has argued in over 20 cases before the court, including in recent landmark decisions such as Dobbs v. Jackson Women’s Health Organization and Students for Fair Admissions v. Harvard. Born in Boise, Idaho, Prelogar majored in English and Russian at Emory University and graduated with a J.D. magna cum laude from Harvard Law School. There, she

was an articles editor for the Harvard Law Review and a finalist in the Ames Moot Court Competition. She then clerked for Justices Ruth Bader Ginsburg and Elena Kagan. Prelogar went on to work in private practice at Hogan Lovells LLP and Cooley LLP in Washington. She also served as assistant special counsel on the Robert Mueller special counsel investigation into Russian interference in the 2016 presidential election. The annual Sumner Canary Memorial lecture has hosted preeminent legal scholars and judges, including six Supreme Court justices. The lectureship was made possible by Nancy Canary, the widow of the late Judge Sumner Canary, who served on the Ohio Court of Appeals for the Eighth District and as U.S. Attorney for the Northern District of Ohio. Rather than deliver a speech as previous Sumner Canary speakers have done, Prelogar spoke with Professor Jonathan H. Adler in George Gund Hall. Adler first asked Prelogar about the responsibilities of the SG, and she divided her duties into three categories. The most public part of her job “is to manage Supreme

Court litigation on behalf of the United States,” and she noted that “the federal government participates in probably over 90% of the cases that the Supreme Court hears each term.” Second, the SG must manage the government’s appellate strategy in the lower courts because it requires her personal authorization to appeal adverse decisions reached by those courts. The final “grab bag” part of her job means that Prelogar is an advisor to the “federal agencies and components of the federal government who are [its] clients.” Soon after that, Prelogar was asked about how she decided to change the federal government’s position on a variety of issues after becoming acting SG on the first day of the Biden administration. “I took those decisions really seriously because it is not a small thing to change the legal position of the United States,” she said, later adding that “at the same time, there are certain cases where routinely across administrations you come at things with a different jurisprudential philosophy or where there are very relevant factual changes on the ground that affect litigation.”

For example, while the Biden administration’s position on the border wall or the “Remain in Mexico” policy differed from the Trump administration’s, the shift came because of “the very real change in the on-the-ground facts,” not simply a jurisprudential shift. She noted that in other areas of law, such as criminal law, “there’s more consistency in the position of the United States” across administrations because the federal government “tend[s] to have a pretty well-defined set of interests as an entity that prosecutes and enforces federal criminal law.” Prelogar spoke at length about the issue of legal remedies, which are “all about when you can ask the courts to intervene in the first instance.” She said, “Throughout the course of our nation’s history, states have disagreed with the Federal Government about any number of policies, and yet they have not been able to come to court and ask the judicial branch to resolve those inherently policy based and often political disputes.” Continue reading on page 2


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