In 2019, when Alabama Solicitor General Andrew Brasher was confirmed to be a federal district court judge, a 34-year-old attorney named Edmund LaCour was tapped to replace him as Solicitor General.  Now, as Brasher has been confirmed to an appellate court, LaCour has been tapped again, this time to fill Brasher’s seat on the U.S. District Court.

Background

Edmund Gerald LaCour Jr. was born in 1985.  LaCour graduated summa cum laude from Birmingham-Southern College, received a Master of Arts from Trinity College Dublin and then a J.D. from Yale Law School.

Upon graduation, LaCour clerked for Judge William Pryor on the U.S. Court of Appeals for the Eleventh Circuit.  He then joined the Houston office of Baker Botts as an Associate.  In 2015, LaCour shifted to Bancroft PLLC, a boutique litigation firm dominated by conservatives, in Washington D.C. before moving, along with the bulk of the firm, to Kirkland & Ellis in 2016.

In 2019, LaCour was appointed by Steve Marshall, the Attorney General of Alabama, to be Solicitor General, replacing Andrew Brasher, who was confirmed to a seat on the U.S. District Court for the Middle District of Alabama.  LaCour currently serves in that capacity.

History of the Seat

LaCour has been nominated for a seat on the U.S. District Court for the Middle District of Alabama.  This seat opened when Judge Andrew Brasher, who has already been confirmed by the Senate, took his seat on the Eleventh Circuit on June 30, 2020.  

Legal Experience

While LaCour started his career at Baker Botts working on relatively straightforward criminal and civil matters,^[1] he has spent the latter part of his career working on litigation on conservative causes.  For example, at the boutique firm Bancroft PLLC, LaCour represented a Christian organization at NC State in seeking to enjoin a University requirement that they obtain a permit before soliciting students.^[2][3]  Judge James Dever ended up enjoining the policy,^[4] which prompted NC State to rewrite it.^[5]  LaCour also represented Republican organizations seeking to set aside anti pay-to-play rules made by the Securities and Exchange Commission,^[6] and sued to strike down registration fees on firearms in California.^[7]  On a less controversial front, while at Kirkland, LaCour represented business owner in a landmark litigation seeking to narrowly interpret bankruptcy rulings made by the Supreme Court.^[8] 

Since 2019, LaCour has served as Solicitor General of Alabama, in which capacity he has defended Alabama laws and convictions before state and federal courts.  While, at the time of his appointment, LaCour attracted some criticism for alleged ties to Russia,^[9] such criticism has not resurfaced.

Among his defenses of Alabama laws, LaCour defended the state ethics laws against challenges that it was too vague,^[10] and defended the state’s minimum wage law from a racial discrimination challenge.^[11] 

On the flip side, LaCour has also used the Solicitor General’s office offensively, challenging laws and federal regulations.  For example, LaCour led a 21-state brief before the U.S. Supreme Court challenging Maryland gun regulations.^[12]  He also led an amicus effort to support Texas’ efforts to limit reproductive health procedures during the Covid-19 pandemic.^[13]

Political Activity

LaCour has frequently given to Republican committees and candidates.^[14]  Among the recipients of his largesse are Sens. Ted Cruz and Josh Hawley, both of whom serve on the Senate Judiciary Committee, and West Virginia Attorney General Patrick Morrissey, who unsuccessfully ran for U.S. Senate in 2018.^[15]

Overall Assessment

While LaCour is only 35 years old, he has racked up many accomplishments in his short career, including a significant amount of litigation experience.  However, much of his litigation has been in service of conservative causes, which will likely make him very controversial as a nominee.  As such, the key barrier for LaCour will be obtaining a blue slip from Democratic Senator Doug Jones.  If LaCour can do so, his nomination will likely be processed this year.  If not, LaCour will have to hope for a Trump re-election.

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