Solicitor General to temporarily fill A.G. Post

[pnwmom]

Last edited Tue May 8, 2018, 05:48 AM - Edit history (2)

Source: Times Union

New York's solicitor general will take over for state Attorney General Eric Schneiderman when his resignation becomes effective at close of business on Tuesday, according to a source familiar with the transition process.

Barbara Underwood, who was appointed to her current post in January 2007, is a graduate of the Georgetown University Law Center and argued 20 cases before the United State Supreme Court, according to her government biography. She worked for the United States Attorney for the Eastern District of New York before her current role and from 1998 to 2001 was the acting-solicitor general and principal deputy solicitor general of the United States.

Underwood could theoretically hold the post until voters choose a successor in November, but state law allows the legislature to fill a vacancy in the job.

According to her bio, she also held executive positions in the Queens and Brooklyn District Attorneys' Offices and was a trial attorney in the Manhattan District Attorney's Office. Additionally, Underwood was a law clerk for U.S. Supreme Court Justice Thurgood Marshall.

Read more: https://blog.timesunion.com/capitol/archives/282049/solicitor-general-to-temporarily-fill-ag-post/

---

More at the Times Union link.

She has argued cases before the Supreme Court and once clerked for Justice Thurgood Marshall.

Also, from a 1998 New York Times article:

https://www.nytimes.com/1998/04/09/nyregion/public-lives-smart-lawyer-for-a-rich-querulous-uncle.html

Even really, really smart people describe Barbara D. Underwood as ''intimidatingly smart,'' despite their bewilderment over her decision to leave a tenured professorship at Yale Law School 16 years ago to toil in the low-rent vineyards of the Brooklyn District Attorney.

But since then, Ms. Underwood, who has a potent sense of intellectual curiosity and pragmatism, has become the senior appellate lawyer of choice for state and Federal prosecutors in New York, having won rulings for them on constitutional issues in criminal law. Now 53, she has been named Principal Deputy Solicitor General of the United States, which means she will argue cases on behalf of us all before the Supreme Court.

To the legal intelligentsia, she has ascended to job heaven. Her responsibilities include determining which legal issues to press and what position the Government will take. ''I'm thrilled for you,'' wrote a colleague. ''My only regret is that it isn't me.''

Ms. Underwood will tackle a portfolio stuffed with civil rights issues, environmental crimes and disputes over prison reform, disability law and employment discrimination, like the sexual harassment case set for argument on April 22.


ON UPDATE: Thanks to Princess Turandot for the link below. Ms. Underwood's fill-in tenure may be very short. It appears that the D's will control the choice for the Interim Appointment ending in November, even though they don't control the NY Senate. The vote will be a combined vote of both Houses, and the D's hold a solid majority on that basis.

More on that here:

https://blog.timesunion.com/capitol/archives/282035/after-schneiderman/

[Dopers_Greed]

1. So is she filling in until a Trump toadie can weasel their way in?

[still_one]

2. That is not how it works. The NY legislature will temporarily determine an interim AG until

the election in November

[Hortensis]

10. As said. This is a NY State office, not federal.

However, the Democratic primary in September for this position is now suddenly wide open, and for sure conservative weasels will be attempting to cause trouble for that, as well, of course, as to elect a Republican AG in the general.

Apparently no Democrat was running against Schneiderman -- he was it, a lock for reelection, but fortunately candidates who step up now will be able to get on the ballot.

[Cha]

3. Barbara Underwood sounds good

Barbara Dale Underwood (born August 16, 1944) is the Solicitor General of New York. She was initially appointed to her position by New York Attorney General Andrew Cuomo in January 2007, and reappointed in 2011 by New York Attorney General Eric Schneiderman.

https://en.wikipedia.org/wiki/Barbara_D._Underwood

Mahalo, pnwmom

[Hortensis]

11. She does. Bet she's already long into a killer-busy morning.

[Princess Turandot]

4. According to the Times Union in Albany...

...on the majority strength of the Democrats in the assembly, they can effectively appoint an acting AG of their choice if their caucus votes unanimously, because they represent more than 50% plus 1 of the legislative seats.

https://blog.timesunion.com/capitol/archives/282035/after-schneiderman/

The state’s Public Officers Law outlines the process for filling vacancies, including the state comptroller and attorney general positions. In the result of a vacancy, not caused by a removal from office, the two houses of the state legislature “shall appoint a person to fill” the post.

When every seat is occupied, the legislature consists of 213 positions. With more than 107 Democrats, the Assembly Majority can essentially choose the next attorney general if they vote as a unified bloc.
...

In 2007, the Assembly Democrats came together to replace Comptroller Alan Hevesi with one of their own, Thomas P. DiNapoli.

[pnwmom]

5. So this means it doesn't matter that the R's control the Senate? The 2 Houses don't vote separately,

but together?

That would be great news.

[LisaL]

12. Only until November election.

[onenote]

15. Yes. The law provides for a "joint ballot" of the two houses

[Silver Gaia]

6. Thank you for this post, pnwmom.

And thanks to the rest of you for the additional info shared here. Maybe now I can get to sleep tonight and rest at least a bit easier.

[pnwmom]

7. Yeah, I feel a bit better!

[Squinch]

8. Losing schneiderman is a blow to us.

Hopefully Underwood will pick up the mantle.

[Ligyron]

9. I had no idea Eric Schneiderman was such an abusive creep in his private life.

Apparently I'm not the only one. All I knew was what I read declaring him to be a true champion for woman's rights, etc. Guess these abuse charges are accurate, else I don't believe he would have resigned .

I'll bet this much needed Me Too movement is giving most males serious re considerations regarding their relationships with females. Good.

One has to wonder however, how many more chips will fall with other prominent male figures.

Sounds like we are in good hands with Barb Underwood til Nov anyway. I find it amazing that R's have a majority in the state senate, a factoid I did not know.

[LisaL]

13. How exactly would anyone have an idea?

[lagomorph777]

14. I got suspicious of him when he went after herbal supplement makers...

...based on fake science, against the advice of the scientific community. Among other things, he used invalid test methods to claim that plant extracts were fraudulent because they didn't contain the plants' DNA. Extracts are not intended to contain DNA.

[Gothmog]

16. This attorney is very strong

I would not object is she is the replacement for Schneiderman

[Zen Democrat]

17. Preet Bharara should get this appointment. Hands down!

[WhiteTara]

18. She should be kept in that position

what a resume.