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Merrick Garland has been the United States attorney general since March 11, 2021.[3][4]
Name
The title, "attorney general" is an example of a noun (attorney) followed by a postpositive adjective (general).[5] "General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[5] Even though the attorney general (and the similarly titled solicitor general) is occasionally referred to as "General" or "General " by senior government officials, this is considered incorrect in standard American English usage.[5][6] For the same reason, the correct American English plural form is "attorneys general" rather than "attorney generals".[6]
Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments".[7] Some of these duties have since been transferred to the United States solicitor general and the White House counsel.
The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.
It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the president, to tender a resignation with effect on the Inauguration Day (January 20) of a new president. The deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by the Senate of the new attorney general.
For example, upon the inauguration of President Donald Trump on January 20, 2017, then-Attorney General Loretta Lynch left her position, so then-Deputy Attorney General Sally Yates, who had also tendered her resignation, was asked to stay on to serve as the acting attorney general until the confirmation of the new attorney general Jeff Sessions, who had been nominated for the office in November 2016 by then-President-elect Donald Trump.[10][a]
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