President-elect Donald Trump has announced his intention to nominate D. John Sauer, the legal mind who successfully argued his presidential immunity case before the Supreme Court, for the esteemed position of Solicitor General of the United States. This nomination spotlights D. John Sauer, a figure already prominent in conservative legal circles, and signals a significant direction for the Justice Department under a returning Trump administration.
In a statement released Thursday evening, Trump lauded D. John Sauer as a “deeply accomplished, masterful appellate attorney.” This description encapsulates Sauer’s impressive resume, which boasts credentials comparable to those of previous Solicitors General, the nation’s top advocates before the Supreme Court.
D. John Sauer, aged 50, is a Rhodes Scholar and a graduate of Harvard Law School, marking him as an elite legal scholar from the outset. His early career included a clerkship for Judge J. Michael Luttig on the U.S. Court of Appeals for the 4th Circuit. Judge Luttig, while a conservative icon, has become a vocal critic of the president-elect, adding an interesting layer to Sauer’s professional trajectory. Further solidifying his credentials, D. John Sauer also clerked for the late Justice Antonin Scalia, a revered figure in conservative jurisprudence. Before entering public service as a solicitor general, Sauer gained valuable experience as a federal prosecutor for five years, providing him with a comprehensive understanding of the American legal system from multiple perspectives.
In 2017, D. John Sauer took on the role of Missouri’s Solicitor General, a position he held for six years. This tenure allowed him to champion conservative legal positions, some of which sparked considerable controversy. His role as Missouri’s Solicitor General provided a platform for him to engage in high-profile legal battles and solidify his conservative legal stance.
His inaugural appearance before the Supreme Court came in Bucklew v. Precythe. In this case, D. John Sauer successfully defended Missouri’s lethal injection protocol against an inmate’s Eighth Amendment challenge. The inmate argued that the execution method would cause cruel and unusual punishment by likely causing him to choke on his own blood. Sauer’s victory here demonstrated his skill in appellate advocacy and his commitment to the state’s legal positions.
Man speaking to justices on the bench in courtroom
The 2020 election aftermath saw D. John Sauer leading a coalition of states in an amicus brief supporting Texas’s ultimately unsuccessful attempt to overturn election results in key battleground states won by Joe Biden. D. John Sauer argued in the brief that Texas’s claims raised “important questions about election integrity and public confidence.” Despite these arguments, the Supreme Court dismissed the case due to lack of standing, but Sauer’s involvement highlighted his alignment with efforts to challenge the election outcome.
In 2022, D. John Sauer, along with nine other states, challenged the Biden administration’s COVID vaccine mandate for healthcare workers in federally funded facilities. Although the Supreme Court declined to review his petition, this action further illustrated Sauer’s willingness to engage in significant legal challenges against federal government policies.
After his tenure as Missouri’s Solicitor General, D. John Sauer established his own law firm, the James Otis Law Group. The firm’s namesake, James Otis, was a pre-Revolutionary Massachusetts lawyer and legislator known for his protests against British colonial laws. While the firm’s name evokes a sense of historical legal defiance, it’s noted that the attribution of the famous phrase “Taxation without representation is tyranny” to Otis is likely an “overstatement,” according to Smithsonian Magazine.
In private practice, D. John Sauer has continued to litigate on contentious issues. He represented Louisiana, joined by Missouri, in their unsuccessful bid to restrict government communication with social media companies regarding content moderation in Murthy v. Missouri. Currently, D. John Sauer is representing state officials defending an Arizona law that prohibits transgender women and girls from participating in women’s sports in college and schools, showcasing his continued involvement in politically charged legal battles.
Undoubtedly, D. John Sauer’s representation of Donald Trump in the presidential immunity case played a crucial role in securing his nomination. Despite an initial loss in the D.C. Circuit Court of Appeals, D. John Sauer successfully appealed to the Supreme Court. In a 6-3 decision, the Supreme Court affirmed that former presidents possess broad immunity from criminal prosecution for actions taken in their official capacity. The ruling remanded the election interference charges against Trump back to a lower court for further review. Following Trump’s electoral victory, Special Counsel Jack Smith has indicated plans to conclude the prosecution, paving the way for Sauer’s potential tenure as Solicitor General.
Trump’s announcement of D. John Sauer’s nomination coincided with the revelation that Todd Blanche, who defended Trump in his New York state criminal trial, is also intended for nomination as Deputy Attorney General. These nominations signal a clear direction for the Justice Department under a returning Trump administration, placing figures closely aligned with the president-elect in key leadership roles.
This article is based on information originally published by Amy Howe on Howe on the Court.
