Title 28Judiciary and Judicial ProcedureRelease 119-73

§518 Conduct and argument of cases

Title 28 › Part PART II— - DEPARTMENT OF JUSTICE › Chapter CHAPTER 31— - THE ATTORNEY GENERAL › § 518

Last updated Apr 6, 2026|Official source

Summary

The Attorney General and the Solicitor General must handle and argue cases and appeals for the United States in the Supreme Court and in certain federal courts, unless the Attorney General says not to. The Attorney General can also choose to argue any U.S. case personally or tell the Solicitor General or another Justice Department lawyer to do it.

Full Legal Text

Title 28, §518

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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 Notes

Amendments

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 Subsidiaries

Effective Date

of 1992 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 518

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73