The final vote for the Biden-Harris administration’s nomination of Elizabeth Prelogar to be Solicitor General, the top lawyer who represents the government at the Supreme Court, is set for this week.

Prelogar, a rising star after graduating from Harvard Law School, clerked for then-Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit then completed clerkships for Supreme Court Justices Ruth Bader Ginsburg and Elena Kagan, progressive icons of the bench. In private practice last year, while working at a big-name corporate law firm, she was co-head of a litigation team partnered with the Everytown anti-gun group to compel the ATF to regulate homemade guns.

Nominated by the White House in August to fill the spot of Solicitor General of the United States-- whose office is located in the Supreme Court building and is often described as the "tenth justice" due to their close relationship with the high court-- Prelogar was reported out of the Senate Judiciary Committee earlier this month. 

Late Wednesday, in a cloture vote supported by Democrats and four waffling Republicans, the way was cleared for a final vote on Prelogar as soon as Thursday. This could install the nominee just in time to argue before the Supreme Court against potentially landmark gun rights cases later this term. 

While she told lawmakers during her nomination hearings that, "If I am confirmed and a case arises that concerns the Second Amendment, the positions that I advance on behalf of the United States would be based on my assessment of the United States’ interests—and not based on my own personal views or the views of any former clients," pro-gun groups doubt that to be the case.

"Elizabeth Prelogar represented radical gun control group ‘Everytown’ and clerked for anti-gun Justices Ruth Bader Ginsburg and Elena Kagan,” said Dudley Brown, president of the National Association for Gun Rights. 

"Given Prelogar’s history advocating for organizations opposed to the Second Amendment, there is no way any U.S. Senator who supports protecting and restoring the Second Amendment should vote for her. If she’s confirmed as the next Solicitor General, her tenure will be an unmitigated disaster for the Second Amendment," said Brown.

Banner image: Screen capture from Senate Judiciary Committee hearings.

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