Tradition Lives: At the Supreme Court

It is a relatively obscure fact that the Solicitor General of the United States and his deputies wear a morning coat while presenting arguments before the U.S. Supreme Court.  The Solicitor General is appointed to represent the United States before the Supreme Court in all cases that involve the federal government.  In this role, he and his subordinates appear in nearly 2/3 of the court's cases each term.  The morning coat is part of morning dress which is formal attire for daytime use.  Oral arguments are almost always presented in the morning (and occasionally in the afternoon), making morning dress the appropriate formal attire - as opposed to white or black tie which is reserved for wear after 6:00 pm.

In this sketch of Deputy Solicitor General Michael Dreeben,
we can easily detect the trademark buttons and coattails.

It is interesting to note that during her tenure as the first female Solicitor General, Elena Kagan was not known to wear the coat.  Some interpreted this as a personal choice that signaled here intention to break with tradition, but there is really no support for such an assertion.  Besides, the morning coat is proper daytime formal wear for men and not women.


Acting Solicitor General Neal Katyal demonstrates
that he has high class to match that high IQ.

Whether the Solicitor General traditionally wears a matching waistcoat and pinstripe trousers, I cannot say.  When I have visited the court, it was too distant to tell.  And although I had the pleasure of meeting the current Solicitor General, Donald B. Verrilli, I neglected to ask him.  To be sure, it's a question that I hope to resolve in the future.

Setting these trivial details aside, the use of the morning coat denotes its clear purpose:  formality.  It also speaks to the level of respect that the solicitors have both for their office and for their duty to the highest court in the land.