President Trump has nominating Principal Deputy Solicitor General Noel Francisco to take the post on a permanent basis, a source with direct knowledge of the matter has told Fox News.
Notably, Francisco stepped aside from a related case early on because his former law firm had filed a brief opposing the president's executive order.
During that time, a number of other names were floated for the top job, including NY attorney George Conway, the husband of White House counselor Kellyanne Conway, and D.C. lawyers Charles Cooper, Miguel Estrada, Christopher Landau and Kannon Shanmugam - all to no avail.
Francisco, who has been serving in an acting capacity in the job, is a lawyer with strong conservative credentials who previously worked at the Jones Day law firm.
If confirmed by the Senate as the next solicitor general, Francisco would be charged with directing the Trump administration's legal positions and strategy before the nation's highest court. Presumably due to a prior conflict, he also recused himself from an important transgender rights case the Supreme Court sent back to a lower court earlier this week.
Francisco, a former clerk for Justice Antonin Scalia, argued three U.S. Supreme Court cases while he was at Jones Day-McDonnell v. He represented former Virginia Gov.
Francisco has been deputy solicitor general since January 23. Even if the U.S.is not party to a case the high court is hearing, the justices will often ask for the SG's views, and include his opinion in their deliberations.
White House Counsel Don McGahn is one of several other Jones Day lawyers who have joined the administration. But with the new president promising to dismantle regulations and upend legal and governmental conventions, appellate experts expect the next solicitor to be knee-deep in.