The Yale Law Journal

Michael R. Dreeben

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Stare Decisis in the Office of the Solicitor General

Michael R. Dreeben

The Office of the Solicitor General (OSG) is generally believed to operate under its own form of stare decisis. But in many circumstances, OSG best serves governmental interests and those of the Supreme Court by submitting positions that it believes are right, even if they depart from prior submissi…