President 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, as the next Solicitor General of the United States. This significant nomination signals a strategic move by the Trump administration, placing a staunch conservative and experienced appellate attorney at the helm of the government’s Supreme Court advocacy.
In a statement released Thursday evening, Trump lauded Sauer as a “deeply accomplished, masterful appellate attorney,” highlighting his expertise and qualifications for the crucial role. Sauer, 50, boasts a resume that aligns with the profiles of previous Solicitors General, marked by academic excellence and high-level clerkships.
A Rhodes Scholar and Harvard Law School graduate, Sauer’s legal journey includes a clerkship for Judge J. Michael Luttig of the U.S. Court of Appeals for the 4th Circuit, a respected conservative jurist who has become increasingly critical of Trump in recent years. He further solidified his Supreme Court credentials with a clerkship for the late Justice Antonin Scalia, a legal icon known for his originalist interpretations of the Constitution. Before transitioning to public service, Sauer spent five years as a federal prosecutor, gaining valuable courtroom experience.
John D. Sauer arguing before the Supreme Court in Trump v. United States
D. John Sauer’s nomination as Solicitor General is a noteworthy development in the legal landscape. (William Hennessy)
Sauer’s career took a significant turn in 2017 when he was appointed as the Solicitor General of Missouri, a position he held for six years. This role provided him with a platform to champion conservative legal positions, often in high-profile and contentious cases.
His tenure as Missouri’s Solicitor General saw him make his debut as an advocate before the Supreme Court in Bucklew v. Precythe. In this case, Sauer successfully defended Missouri’s lethal injection protocol against an Eighth Amendment challenge. An inmate argued that the protocol constituted cruel and unusual punishment due to the risk of him suffering excruciating pain by choking on his own blood during the execution. Sauer’s victory in this case underscored his ability to navigate complex legal arguments and defend state interests before the nation’s highest court.
In the aftermath of the 2020 presidential election, John D. Sauer played a prominent role in the legal challenges to the results. He spearheaded a “friend of the court” brief on behalf of a coalition of states supporting Texas’s ultimately unsuccessful bid to overturn the election results in key battleground states won by Joe Biden. While the Supreme Court dismissed the case due to lack of standing, Sauer’s brief articulated concerns about “election integrity and public confidence,” reflecting the deep partisan divisions surrounding the election.
Sauer also challenged the Biden administration’s COVID-19 vaccine mandate for healthcare workers in federally funded facilities in 2022. He filed a petition for Supreme Court review, but the court declined to hear the case. These cases highlight Sauer’s consistent advocacy for conservative legal principles and his willingness to engage in politically charged legal battles.
After leaving his post as Missouri Solicitor General, John D. Sauer established his own law firm, the James Otis Law Group. The firm’s name pays homage to James Otis, a pre-Revolutionary War lawyer and legislator from Massachusetts, celebrated for his early advocacy against British colonial policies. Otis is often associated with the phrase “Taxation without representation is tyranny,” although historical accounts suggest this attribution might be an oversimplification of his views.
In private practice, Sauer has remained involved in prominent legal disputes. He represented Louisiana, alongside Missouri, in their unsuccessful attempt to restrict the government’s communication with social media companies regarding content moderation policies in Murthy v. Missouri. Currently, he is representing state officials defending an Arizona law that prohibits transgender women and girls from participating in women’s sports in college and schools.
However, it was John D. Sauer’s representation of Donald Trump in the presidential immunity case that likely cemented his selection for Solicitor General. Despite losing in the D.C. Circuit Court of Appeals, Sauer successfully persuaded the Supreme Court to take up Trump’s appeal. In a landmark 6-3 decision, the Supreme Court affirmed that former presidents are entitled to broad immunity from criminal prosecution for their official acts. The court remanded the election interference charges against Trump back to a lower court for further review. Following Trump’s recent election victory, Special Counsel Jack Smith has indicated he will likely wind down the prosecution, paving the way for Sauer’s nomination to proceed smoothly.
Trump’s nomination of John D. Sauer coincides with his intention to nominate Todd Blanche, who defended him in the New York state criminal trial, as Deputy Attorney General. These nominations suggest a clear strategy by the incoming administration to place trusted legal allies in key positions within the Department of Justice.
John D. Sauer’s nomination as Solicitor General signals a significant shift towards a more assertive and conservative legal approach from the Justice Department. His extensive experience, conservative legal philosophy, and proven advocacy skills make him a formidable choice to represent the United States government before the Supreme Court.
