That Time Solicitor General Fried Redacted The Word "Plenary" From a Printed SCOTUS Reply Brief With A Marker
Attorney General Meese is a living legend. At the age of 92, he has made more contributions to the law than just about any American who did not serve on the Supreme Court. I barely scratched the surface of his remarkable career in my 2022 Meese Lecture. Yet, if you ever meet Mr. Meese (and do not call him General!), you will find a humble and sincere man. Meese is not one to boast about his voluminous accomplishments. Fortunately, two of Meese's close associates in the Reagan Administration have put pen to paper, and recorded for posterity the Attorney General's accomplishments.
Steve Calabresi and Gary Lawson have published a new book, titled The Meese Revolution: The Making of a Constitutional Moment. The book tells the story of how Meese revolutionized constitutional law in the Department of Justice, and set the stage for the current originalist majority on the Court. I would highly commend this amazing book, which was released today. (I was able to get a signed copy at the Federalist Society convention last week!)
Beyond the thorough treatment of Meese's legacy, the book has countless fun tidbits that I enjoyed. One of them concerned the case of Hodel v. Irving (1986). The book describes how Solicitor General Charles Fried had to fight the "deep state" within the SG's Office. This case presented the question of how broad the government's taking power was. Gary Lawson, who worked in OLC, favored a more narrow reading of the taking power. But the career lawyers in the SG's office used a far more capacious term: plenary.
.jpg)
