Solicitor General Elizabeth Prelogar has argued multiple abortion-related cases during her tenure as the federal government’s top Supreme Court advocate, with the most recent case focused on the conflict between federal mandates for hospitals and strict state abortion bans in medical emergencies. Despite the conservative majority’s decision to end a constitutional right to abortion in 2022, legal fights over abortion rights have continued, with Prelogar representing the government’s position in key cases.
While Prelogar has faced challenges in protecting abortion rights before the conservative majority, she has also achieved wins in other areas where the Biden administration faced opposition from the court, such as on immigration policy and voting rights. Supporters of the administration hope that Prelogar’s skills in oral arguments and strategic approach will help sway at least some of the conservative justices in favor of the federal government’s position in the ongoing abortion cases.
With a background that includes clerkships with Supreme Court Justices Ruth Bader Ginsburg and Elena Kagan, Prelogar brings a wealth of experience to her role as solicitor general. Despite facing interruptions and tough questioning from male justices, she remains composed and focused during arguments, drawing on her experience competing in pageants as a young woman. Prelogar’s educational background includes attending Emory University and Harvard Law School, and she has clerked for Attorney General Merrick Garland, among other notable roles.
The case Prelogar is currently arguing pits the federal government against her home state of Idaho, with the Justice Department challenging Idaho’s strict abortion ban on the grounds that it conflicts with federal law requiring hospitals to provide emergency care. The outcome of this case could have broader implications for federal preemption of state laws and federal regulatory authority over certain drugs, such as the abortion pill mifepristone.
Despite encountering challenges in previous abortion cases, Prelogar has shown promise in the abortion pill case she argued last month, with signals from the justices suggesting potential support for the federal government’s position. By emphasizing legal arguments that appeal to the Republican-appointed justices and focusing on issues of standing and federal protections for doctors with moral objections to abortion, Prelogar aims to navigate the complex legal landscape surrounding abortion rights and federal law.
Overall, Prelogar’s role as solicitor general in advocating for the federal government’s position on abortion rights highlights the ongoing legal battles in this contentious area. With her strategic approach, legal expertise, and ability to engage with the justices during oral arguments, Prelogar plays a critical role in shaping the legal landscape surrounding abortion rights and federal authority. As she continues to argue key cases before the Supreme Court, her efforts may have a lasting impact on the future of abortion rights in the United States.
