U.S. Code » Title 28 » Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 31— THE ATTORNEY GENERAL

28 U.S.C. § 518

Conduct and argument of cases

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(a) Except when the Attorney General in a particular case directs otherwise, the Attorney General and the Solicitor General shall conduct and argue suits and appeals in the Supreme Court and suits in the United States Court of Federal Claims or in the United States Court of Appeals for the Federal Circuit and in the Court of International Trade in which the United States is interested.(b) When the Attorney General considers it in the interests of the United States, he may personally conduct and argue any case in a court of the United States in which the United States is interested, or he may direct the Solicitor General or any officer of the Department of Justice to do so.(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 613; amended Pub. L. 96–417, title V, § 503, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97–164, title I, § 117, Apr. 2, 1982, 96 Stat. 32; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 309.

R.S. § 359.

The words “and writs of error” are omitted on authority of the Act of Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54. The word “considers” is substituted for “deems”.

Editorial NotesAmendments

1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1982—Subsec. (a). Pub. L. 97–164 substituted “United States Claims Court or in the United States Court of Appeals for the Federal Circuit” for “Court of Claims”.

1980—Subsec. (a). Pub. L. 96–417 required the Attorney General and the Solicitor General to conduct and argue suits in the Court of International Trade.

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.

Notes of Decisions
Cited in 40 cases (8 in the last 5 years), 1969–2025 · leading case: Fed. Election Comm'n v. NRA Political Victory Fund, 513 U.S. 88 (1994).
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Fed. Trade Comm'n v. Seven & I Holdings, Co., Ltd. (D.D.C. 2025). · cites it 2× “Relying on 28 U.S.C. § 518 (a), the Supreme Court concluded that the Solicitor General, acting pursuant to a delegation from the Attorney General, possessed exclusive authority to authorize the filing of a cert petition in any case “in which the United States is interested.”
Ming v. Brouillete (N.D.N.Y. 2023). · cites it 4× “Magistrate Judge Lovric also recommended that claims pursuant to 28 U.S.C. § 518 be dismissed because this statute concerns procedures involving the Attorney General and "Plaintiff has not alleged any involvement of the United States nor does this statute appear to be applicable…”
PJM Power Providers Grp. v. FERC (6th Cir. 2023). “28 U.S.C. § 518 (a). That independence would vanish if the Chairman, whom the President designates from among the Commissioners, also could control the Commission’s litigation decisions by himself.”
Peek v. Duanesburg Cent. Sch. Dist. (N.D.N.Y. 2023). “19 Specifically, Plaintiffs’ Amended Complaint cites to the following statutes: 28 U.S.C. § 518 (governing conduct and argument by the United States Attorney General) (Dkt.”
United States v. Donziger, 38 F.4th 290 (2d Cir. 2022). · cites it 3× “, 28 U.S.C. §§ 518 (b), 519. This authority includes 7 supervising—and if necessary, removing—the special prosecutors.”
Rudisill v. McDonough, 55 F.4th 879 (Fed. Cir. 2022). “” 28 U.S.C. § 518 (a). The Attorney General has required So- licitor General authorization for appeals to this court.”
Bates v. Trump (2d Cir. 2022). “1, 92–94 (1994) (rejecting the FEC’s asserted power to pursue litigation in the 7 Supreme Court absent statutory authorization that would except it from 28 U.S.C. § 518 (a)). 8 We have considered all of Bates’s remaining arguments and find them to be without merit.”
Microgenics Corp. v. United States (Fed. Cl. 2021). “’s Reply at 11 (citing 28 U.S.C. § 518 ). The United States certainly has an interest in litigation over bid protests involving the AOUSC.”
Virginia House of Delegates v. Bethune-Hill, 139 S. Ct. 1945 (2019). “2d 785 (1988) (dismissing a writ of certiorari sought by a special prosecutor without authorization from the Solicitor General); see 28 U.S. C. § 518(a) ; 28 CFR § 0.20 (a) (2018).”
Swintosky v. Sec'y of Health & Human Servs. (Fed. Cl. 2017). “” § 300aa-12(b)(1) (citing the Department of Justice’s duty to conduct suits in the Court of Federal Claims pursuant to 28 U.S.C. § 518 (a)). “[A]ll proceedings” includes requests for attorneys’ fees and costs pursuant to § 300aa-15(e).”
Heartland Plymouth Court MI, LLC v. Nat'l Labor Relations Bd., 838 F.3d 16 (D.C. Cir. 2016). · cites it 2× “28 U.S.C. § 518 (a); see also 28 C.F.R. § 0.”
Nat'l Immigr. Proj. of Nat'l Lawyers Guild v. United States Dep't of Homeland Sec., 842 F. Supp. 2d 720 (S.D.N.Y. 2012). “Nonetheless, the Government argues that, because a statute commits to the OSG’s discretion the decision of how to present the Government’s arguments before the Supreme Court, see 28 U.S.C. § 518 (a)(“[T]he Solicitor General shall conduct and argue suits and appeals in the…”
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— 28 U.S.C. § 518(a) — 1 case
Virginia House of Delegates v. Bethune-Hill, 139 S. Ct. 1945 (2019). “2d 785 (1988) (dismissing a writ of certiorari sought by a special prosecutor without authorization from the Solicitor General); see 28 U.S. C. § 518(a) ; 28 CFR § 0.20 (a) (2018).”
— 28 U.S.C. § 518(b) — 1 case
Questions Raised by the Attorney Gen.'s Serv. as a Tr. of the Nat'l Thist for Historic Pres. (OLC 1982).
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