White House: Gregoire being considered for solicitor general

OLYMPIA — Gov. Chris Gregoire is on the White House list to replace Elena Kagan as the solicitor general. The question is, would she take the job if it's offered?

So far, the governor isn't saying.

President Obama this week nominated Kagan to the U.S. Supreme Court.

Gregoire's press office at first said she wasn't on any list. But after the White House on Wednesday confirmed the governor was being considered, her spokesman, Cory Curtis, said: "Nobody has offered her the job yet, or even told her she's on the shortlist."

When asked if she'd take the job if offered, Curtis said: "She hasn't been offered the job yet, so she can't answer that."

A White House official declined to disclose other names under consideration for solicitor general, who represents the U.S. government before the Supreme Court.

Gregoire has been rumored as a candidate for White House posts ever since Obama was elected. There was speculation she could be a candidate for commerce secretary (a job given to former Gov. Gary Locke) and even the U.S. Supreme Court.

Last year, amid talk she was in line for a White House job, Gregoire told reporters she ran for re-election in 2008 because she wanted to be governor: "I made it clear early on I would not accept an appointment."

It's not clear if her response would be different this time.

Other names are being floated for the job. CNN reported that White House lawyer Donald Verrilli and Kagan's deputy, Neal Katyal, are in contention.

Gregoire has an extensive legal background. She got her law degree in 1977 from Gonzaga University. She worked as an attorney in the state Attorney General's office from 1977 to 1988. And she was elected state Attorney General in 1992. She served in that role nearly 12 years before running for governor in 2004.

According to the Attorney General's office, she personally argued three cases — on matters ranging from stream-flow requirements to the state obscenity law — before the U.S. Supreme Court during her career there. Two as attorney general and one as a deputy. She won all of them.

If Gregoire did get the solicitor general job, Lt. Gov. Brad Owen would take over as governor. How long he'd stay in the job would depend on when it came open. Owen was traveling out of the country and could not be reached for comment Wednesday.

Dave Ammons, a spokesman for the Secretary of State's office, said if Gregoire left this month, there would be a primary, then a general election in November to pick a new governor.

If Gregoire left after this month, but before Oct. 3, there would be a special filing period and everyone who files would get their name on the ballot. It would be a November free-for-all.

If Gregoire left after Oct. 3, Owen would stay in office until 2012, although there's a possibility for the state Legislature to set a special election for 2011.

Obama has repeatedly tapped Washington state to fill posts in his administration. In addition to Locke, the president appointed then Seattle police Chief Gil Kerlikowske to head the Office of National Drug Control Policy and named then King County Executive Ron Sims as deputy secretary of Housing and Urban Development.

Andrew Garber: 360-236-8266 or agarber@seattletimes.com