President Biden’s solicitor general should not hesitate to reverse the government’s position in cases pending before the Supreme Court, notwithstanding Chief Justice Robert’s long ago admonition to an Obama lawyer for using the phrase “upon further consideration “ as being disingenuous. The new administration should emulate the Trump attorneys who baldly changed course in midstream without penalty or comment from the high court. The positions taken by Mr. Trump’s solicitor general in several pending cases are both legally and ethically flawed and should be promptly and forthrightly disavowed by the new team at the Justice Department.
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