When the Government Changes Sides in Ongoing Litigation

On March 26, 2021, the Federalist Society's Federalism & Separation of Powers Practice Group hosted a webinar panel to discuss "When the Government Changes Sides in Ongoing Litigation."In the early months of the Biden Administration, the US Solicitor General's Office (OSG) has switched the federal government's position in several high-profile cases and withdrawn from other cases. While some may think the moves are politically motivated, there are legal reasons OSG switches its position between presidential administrations. Some believe, however, that OSG risks undermining the rule of law when it makes such decisions. Are we seeing an increase in altered litigation positions following administration change, or have the recent administrations’ decisions been consistent with prior practice? What are the appropriate factors to consider? What are some important such cases in the current and previous administrations, and are the decisions to switch sides or end those cases defensible? How should courts treat the switches?Featuring: -- Beth Brinkmann, Partner, Covington & Burling LLP; former Deputy Assistant Attorney General, Civil Division and Assistant to the Solicitor General, Department of Justice-- Gene P. Hamilton, former Counselor to the Attorney General, Department of Justice-- Hashim M. Mooppan, former Deputy Assistant Attorney General, Civil Appellate and Counselor to the Solicitor General, Department of Justice-- Moderator: Hon. Beth A. Williams, former Assistant Attorney General, Office of Legal Policy, Department of Justice