On March 26, the University of Oklahoma College of Law welcomed Edwin S. Kneedler for a special evening of conversation focused on Supreme Court advocacy and a lifetime of public service.
Mr. Kneedler served in the Office of the Solicitor General of the United States for nearly five decades, including more than 30 years as Deputy Solicitor General. Over the course of his career, he argued 160 cases before the U.S. Supreme Court, the most of any practicing lawyer today, and served under administrations from both political parties.
Mr. Kneedler began by discussing his early work with the Solicitor General's office and his introduction to Federal Indian law, an area he took on as a specialty early in his tenure. Over time, he became a leading figure in the field, representing the United States in many of the Supreme Court’s most significant Federal Indian law cases. His thoughtful and careful approach to these issues has helped shape the development of the law in this area.
"I had a law school seminar on Federal Indian law taught by a person who was in the Solicitor General's office. It turns out he was the Assistant to the Solicitor General who argued the McClanahan case, which initiated the modern era of respect for tribal sovereignty and the limitations on state authority." Kneedler said. "I feel so lucky and privileged to have had this set of circumstances that led me to that position and the ability to represent this wonderful country."
During the event, Mr. Kneedler offered a candid and engaging look at the work of the Solicitor General’s Office. He shared behind the scenes stories from some of the most influential cases of the past 40 years and provided insight into the preparation and decision making required to represent the United States before the Court. His remarks highlighted both the intellectual rigor of Supreme Court advocacy and the responsibility that comes with it.
Reflecting on oral argument, Kneedler emphasized the exceptional level of preparation demonstrated by the Justices, noting that their questions often serve a broader purpose within the Court. “They would sometimes try to persuade their fellow Justices by the questions they ask,” he said.
More specifically, Kneedler highlighted the varying style of questioning of several Justices. "Justice Scalia could be a real challenge when he was going after you, but there was always an underlying kind of good nature about it because he loved an argument." Similarly, he recounted that Justice O'Connor's line of questioning was often the most revealing of where your case stood as a whole. "She would often ask the first question and you would know exactly what she was thinking when she asked it. She wasn't hiding anything. If you were going into a case saying, 'I need Justice O'Connor's vote', and she asks you an unfavorable question, your heart sort of sinks."
A central theme of the discussion was Mr. Kneedler’s enduring commitment to public service. From the time he joined the Office of the Solicitor General in the late 1970s, he approached each case with a focus on fairness, integrity, and respect for the institutional role of the office. His career reflects a consistent dedication to the Constitution and the rule of law across decades of change in the Court and the country.
"I think it was my job to make the best arguments that I can on behalf of the government." Kneedler said. "I also think it's an important element of the rule of law for there to be recognition of dignity of the people who are involved in the litigation. Lawyers can model that sort of conduct and temper their language and be civil with their opponents. I would encourage everybody to think of the role as lawyers in that way, that they are performing an important job as a citizen, as a lawyer."
Students, faculty, alumni, and members of the legal community in attendance gained valuable insight into the craft of Supreme Court advocacy and the importance of principled, nonpartisan service. Mr. Kneedler’s visit provided a meaningful opportunity to reflect on the role lawyers play in advancing the rule of law and serving the public.
The College of Law is grateful to Mr. Kneedler for sharing his time, experience, and perspective with the OU Law community.