Prelogar, who is the federal government's chief advocate before the Supreme Court, was granted ethics waivers that would allow her to work on five Supreme Court cases involving her former law firm, Cooley LLP, or its clients.
Specifically, the waivers allow her to work on the Students for Fair Admissions Inc. v. President and Fellows of Harvard College case, despite her having earlier served as a guest lecturer at the law school.
The case pertains to a nonprofit called Students for Fair Admissions which disagrees with how Harvard uses race to determine which applicants to admit and is seeking to overturn the admissions policy.
Harvard has acknowledged that they use race as a factor in admission decisions, but say that such consideration doesn’t violate federal law or the Constitution.
Prelogar has also received four other authorizations in cases that "presented potential appearance issues."
These include Boechler v. Commissioner of Internal Revenue, New York State Rifle & Pistol Association v. Bruen, Patel v. Garland, and Dobbs v. Jackson Women's Health Organization, the latter of which has potentially huge implications for abortion.
Dobbs v. Jackson Women's Health Organization, the only remaining abortion clinic in Mississippi, asks the Supreme Court to determine whether the state's ban on all elective abortions after 15 weeks of pregnancy is constitutional.
The former partner at Cooley joined the Biden Justice Department in January 2021 as the principal deputy solicitor general. She was confirmed as the U.S. solicitor general in October 2021.
Prior to her being confirmed to her current position, Prelogar served on special counsel Robert S. Mueller III’s investigation of Russian alleged meddling in the 2016 election.
They also serve to maintain public confidence that the government is "not making decisions arbitrarily or based on inappropriate biases."
But on occasion, public servants are granted waivers from those strict ethics requirements which enable them to work on matters that may involve former employers or others with whom the public servant has a "covered relationship"; someone with whom they have a close relationship or business relationship or are seeking such.
"Waivers normally arise because of skills, talents, and experience that are supremely unique," Chamberlain said in an email to the publication. "Several of the waivers we’ve seen recently have been very broad and awarded to attorneys and former lobbyists, two professions of which there’s hardly a shortage in D.C."
The Epoch Times has contacted The White House for comment. A spokesperson for the DOJ declined to comment.