A Quiet Standard: Kneedler and the Measure of a Prosecutor
This real-life story is not about one man. It is about an ideal.
An ideal that, if followed, would lift the law-and those who serve it-above all doubt.
The morning of April 23, 2025 saw the usual hushed atmosphere at the Supreme Court of the United States.
It was the turn of counsel for the United States to address the Supreme Court.1Fuel Producers v. Environmental Protection Agency (EPA) & California Emissions Waiver Challenge. The case had not been an easy one. California’s Environmental Protection Agency (EPA) had set stricter vehicle emission standards. The Fuel Producers protested. They challenged the state’s right to set these stricter standards. The industry claimed that it had “suffered economic harm”; and that the decision had “favoured electric vehicles”. They complained it prejudiced their business.
When Edwin Smiley Kneedler, the Deputy Solicitor General of the United States, rose to defend this state action, he was already pushing 79. 2From 1993 until his retirement in April 2025, he was the Deputy Solicitor General. He had briefly served as Acting Solicitor General in 2009
Calm and precise, he defended EPA’s actions. He spoke of the intent of the law. He pointed out that, in exercising its powers to intervene against state action, the Supreme Court had to respect certain limits.3The decision is, as of this date, still pending.
After his arguments, as he gathered his notes and made to leave, Chief Justice John G. Roberts, Jr. stopped him. The CJ called him back to the lectern.
The chamber, usually so measured in its solemn dignity, witnessed a rare and moving scene.
The Chief Justice said:
“You have just presented your 160th argument before this court, and I understand it is intended to be your last. That is the record for modern times. You have carried out your responsibilities with extraordinary care and professionalism, conscious of your role not only as an advocate but also as an officer of this Court.”
“I recall that on two occasions, you and I argued on the same side here, me representing a private client and you, the United States. We lost each of those cases. I’m sure it was my fault. Mr. Kneedler, thank you for your outstanding service to court and country.”4 Substack, Judicial Notice, “Clash Of The Titans,” 27 April 2025 at https://substack.com/home/post/p-162143956
What followed was extraordinary. The courtroom, including all nine justices, spontaneously broke into applause. The applause swelled into a standing ovation. It was a rare, almost unheard-of gesture in the Supreme Court.
Observers described it as a moment of “unanimity and spontaneous joy,” with the justices “all beaming.”5 The New York Times, “A ‘Citizen Lawyer’ Gets a Standing Ovation at the Supreme Court,” 28 April 2025 https://www.nytimes.com/2025/04/28/us/politics/supreme-court-lawyer-standing-ovation.html ; LinkedIn post by Bhagwan DassAhuja, 28 April 2025https://www.nytimes.com/2025/04/28/us/politics/supreme-court-lawyer-standing-ovation.html ; https://www.nytimes.com/2025/04/28/us/politics/supreme-court-lawyer-standing-ovation.html; Reddit, r/supremecourt, “Edwin Kneedler, a ‘Citizen Lawyer,’ Gets a Standing Ovation at the Supreme Court,” 28 April 2025 and Substack, Judicial Notice, “Clash Of The Titans,” 27 April 2025 at https://substack.com/home/post/p-162143956
Kneedler, ever modest, accepted the honour with a small nod and a quiet smile. He did not linger. He did not bask in the moment. He simply gathered his papers and left the lectern, as he had so many times before – quiet, steady, and unchanged.
The Law as a Calling
Before entering law school in Virginia, Kneedler had worked on projects to alleviate poverty. He witnessed the hardship of immigrant workers. His fascination for law developed as he watched lawyers acting for these groups. He saw that the law could either shield the powerless or fail.
He worked so hard in law school that he often referred to himself as a “law nerd.”
After law school, he clerked for Judge Browning, and then joined the Department of Justice.
In 1979, he moved to the Office of the Solicitor General.
And there he stayed
Kneedler served under ten presidents and argued before three chief justices.
He mentored many. He did not seek the spotlight, and he did not chase headlines.
A young lawyer once asked him, “How do you win so many cases?”
He replied, “You do not ‘win’ cases. You serve the law. You do your best. That is all.”
His candour
He never hid the government’s weak points. He would say, “If we are wrong, we must say so. The law is not a game.”
A junior lawyer once knocked on his door. “Mr. Kneedler, do you have a moment?” When he was invited to sit, the junior hesitated. “I’m not sure how to frame this argument. The facts are… not strong.”
Kneedler nodded. “Then we must be honest about them. The Court will see through any attempt to hide. Our duty is to the law, not to ourselves.”
The junior left, reassured.
Best Possible Argument
Justice Alito once remarked, “Whenever Ed is on the brief or is arguing, I know… we’re getting the best possible argument that can be made for the position that he is defending.”
A Day in the Life
Kneedler’s office was simple. A manual typewriter. Family photos. Piles of briefs. He worked quietly.
He arrived early, before the city stirred. He brewed his own tea, set his papers in order, and began. There was no rush. Each case received the same attention, whether it was a matter of national security or a question of local land use.
He never raised his voice; he never boasted; and importantly, he never took credit for other people’s work.
The Kneedler Way
He mentored many, and he taught them the need for integrity; and to be clear. He insisted that they “serve the law, not themselves”.
Often, he had to argue hard cases. Sometimes he won, and sometimes he lost.
Yet he did not count victories. All he was concerned about was whether he had done right by the law.
After his 100th argument, the Chief Justice had congratulated him:
“Mr. Kneedler, our records reflect that you … are the first to reach this rare milestone this century…”
To celebrate the occasion, Kneedler’s wife, Lynn, hosted a quiet party at home. His colleagues presented him with a framed list of all 100 cases. Kneedler spent an hour looking at it, reflecting on the highs and lows.
He said, “It is not about the numbers. It is about the work.”
He then moved on to the next brief.6 https://www.youtube.com/watch?v=YfMDZrtErik [/mfn]
Industry and Integrity
Kneedler worked long hours. He would read every case. He wrote every brief himself. And he checked every citation. He read every word. He checked every fact.
He was always prepared.
He was never swayed by politics
He served under Republicans and Democrats, but would not change his core values for anyone.
He once said, “The law must be above politics. If we bend, the law breaks.”
He never used the law to serve his ego.
He never sought to please those in power. Once, a senior official suggested a ‘more aggressive stance’ in a case. This was to please a political superior.
Kneedler listened quietly. Then he said,
“We must argue only what the law allows. Nothing more.”
The matter was dropped.
In this way, he defended the Constitution, and he preserved the law.
When he received awards, he accepted them quietly: he would shrug and say, “Service is its own reward.”
Quiet Honour
There were small acts, never spoken of. Once, a clerk made an error in a brief. Kneedler caught the minor error, but did not upbraid him. He simply corrected it and left a note:
“We all learn. Thank you for your work.”
He never spoke ill of others. He never blamed. Especially, he never excused himself.
A colleague remembered,
“I was the youngest in the office. Ed spoke to me as if I mattered. He listened. He remembered my name.”
He lived with honour.
He worked with care.
He left a mark not by noise, but by example.
The True Purpose of the Law was to act as a shield
Kneedler believed the law was a shield, not a sword. He said,
“The law exists to protect, not to punish. It is for the weak, not the strong.”
He taught that integrity matters more than victory; that honesty is not weakness, but strength. That the law is not a weapon, but a protector.
He never said these things to win praise. He did not need to: his entire life said it all.
And so, a Question for Our Times
In Malaysia, politicians are charged for corruption, but are then discharged. The words “DNAA” (‘discharge not amounting to acquittal’) echo in the courts. The public wonders:
“Are prosecutors too busy serving power, not justice?”
“Are cases dropped for reasons unseen?”
The law seems to bend.
No one says it openly: to do so would be to anger many. But the question hangs.
Would a Malaysian court ever honour a quiet, honest lawyer in this way? Would it stand to applaud a man who served only the law, never himself? Would it celebrate a life of quiet, firm honour?
Kneedler’s example stands as an answer
He did not bend.
He did not serve power.
He served the law.
The Standard We Need
Kneedler’s portrait now hangs in the Justice Department. But his true legacy is not in awards or applause.
It is in the quiet way he lived.
In the way he worked.
In the way he never wavered.
He showed that a lawyer can be industrious, honest, and honourable. And that the law can be a shield for the weak, not a tool for the strong. That service is not about winning, but about doing right.
If our politicians, prosecutors, lawyers and our judges would follow this example, the law would be safe.
The public would trust the law and the courts, again.
For the courts would then stand for justice, not power.
Kneedler never asked to be honoured. He never asked to be followed.
But he left a path.
Quiet. Clear. Straight.
It is a path worth taking.
Will our lawyers, prosecutors and judges, take it?
∞§∞
Gratitude:
The author thanks UK Menon, G Naidu, KN Geetha, TP Vaani, JN Lheela and Lydia Jaynthi.
Acknowledgements: the image is from Google Images
@Copyright reserved.
All content on this site, including but not limited to text, compilation, graphics, documents, and layouts, is the intellectual property of GK Ganesan Kasinathan and is protected by local and international copyright laws. Any use shall be invalid unless written permission is obtained by writing to gk@gkganesan.com
References
Supreme Court of the United States, Oral Argument Transcript, United States v. Texas, No. 21-588, November 29, 2022; see also SCOTUSblog coverage.
National Law Journal, “Edwin Kneedler: The Government’s Man at the Supreme Court,” 2010.
University of Virginia School of Law, Alumni Profile: Edwin S. Kneedler, 2019.
Interview with Edwin Kneedler, Federal Bar Association, 2016.
New York Times, “A Quiet Force in the Supreme Court,” 2017.
Justice Samuel Alito, remarks at the Department of Justice, 2018.
Supreme Court of the United States, Oral Argument Transcript, District of Columbia v. Heller, No. 07-290, March 18, 2008.
Department of Justice, Office of the Solicitor General, Press Release, 2022.