Joe Palmore spoke to Bloomberg Law for an
article covering how President-elect Joe Biden's top lawyer at
the Supreme Court may have no choice but to change the
government's position in an election dispute in the case
of Brnovich v. Democratic National Committee in
Arizona, which takes aim at voting restrictions passed by the state
to limit out-of-precinct voting and restricts who can collect and
return mail-in ballots.
According to Joe, such changes "of position are relatively
rare, even when the party in power change," in part because a
large number of cases handled by the office don't have a
political bend.
"For example, a large part of the docket is criminal, and
the government's positions in criminal cases tend to be
consistent across administrations," Joe said, adding that
there's a perception that changes in position occur more
frequently than they actually do, likely because changes "are
most likely in politically charged, high-profile cases."