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The new Solicitor General -- Elena Kagan -- is female, so the question is: What will she wear?

The Solicitor General ? up to now, invariably a male ? has always worn a "morning coat" ? that is to say, tails. So it's a puzzle. Lawprof Patricia J. Williams writes:

The persistence of this sartorial custom beyond its natural lifespan?and in the American justice system of all places?is not merely a quirk of history but testament to the deep and tenaciously clubbish culture that still afflicts the highest levels and most intransigently closed circles of power.

Tradition, it's an affliction.

Williams tells the story ? "perhaps apocryphal" ? of a female deputy solicitor wore a "'dove-brown' or 'doe-beige' business suit" when she argued a case in the Supreme Court:

According to a friend who, to this day, fears being identified, Chief Justice Rehnquist "went berserk." He chastised her for inappropriate attire, and followed it up with a scathing letter to the Solicitor General himself, requesting that this not occur again. Brown textiles! The scandal!...

In response, the Solicitor General?s office thenceforth recommended that women wear what is popularly known as a "feminized" version of morning attire, and/or a plain black suit.

So, then, the answer is easy: Kagan will wear a nice black skirted suit. Yes, it might have tails, but in my view that would seem oddly costume-y in the absence of an established tradition. Dressing like a man is not a tradition. It's sort of kinky.

Full post as published by Althouse on January 10, 2009 (boomark / email).