Donald Trump Nominates D. John Sauer as Solicitor General

President-elect Donald Trump announced his intention to nominate D. John Sauer as the solicitor general of the United States on Thursday. Trump praised Sauer as a deeply accomplished and masterful appellate attorney in his statement.
D. John Sauer, aged 50, possesses the credentials often associated with the country’s top lawyer before the Supreme Court. A Rhodes Scholar and Harvard Law School graduate, Sauer clerked for Judge J. Michael Luttig on the U.S. Court of Appeals for the 4th Circuit and later for the late Justice Antonin Scalia. He also served as a federal prosecutor for five years.


In 2017, Sauer was appointed as the solicitor general of Missouri, a position he held for six years. During this time, he took conservative and sometimes controversial stances. Sauer made his first appearance as an advocate before the Supreme Court in Bucklew v. Precythe, where he successfully defended the state’s lethal injection protocol against an Eighth Amendment challenge.


In December 2020, Sauer led a group of states in filing a friend of the court brief supporting Texas’s unsuccessful efforts to overturn the 2020 election results in four battleground states won by Joe Biden. The Supreme Court concluded that Texas lacked standing to bring its case.


In 2022, Sauer, along with nine other states, challenged the Biden administration’s COVID vaccine mandate for workers in federally funded healthcare facilities. The Supreme Court declined to take up his petition for review.


After stepping down as Missouri’s solicitor general, Sauer founded the James Otis Law Group. In private practice, Sauer has continued to litigate on high-profile issues, including representing Louisiana and Missouri in an unsuccessful effort to limit government communication with social media companies about content moderation policies. He also represents state officials defending an Arizona law that bars transgender women and girls from competing in college and school sports.


Donald Trump’s recent victory at the polls has had significant implications for ongoing legal proceedings and his administration’s nominations.


His work with Trump was instrumental in securing Sauer’s job. In February, Trump lost a case in the U.S. Court of Appeals for the District of Columbia Circuit, but he appealed to the Supreme Court. The Supreme Court agreed to hear his case, and oral arguments were presented in late April.


The Supreme Court ruled 6-3 that former presidents have broad immunity from criminal prosecution for their official acts. As a result, the election-interference charges against Trump were sent back to a federal trial court in Washington, D.C., for U.S. District Judge Tanya Chutkan to reassess.


With Trump’s electoral triumph, Special Counsel Jack Smith indicated his intention to cease the prosecution and resign before Trump’s inauguration.


Shortly after announcing his intention to nominate Sauer, Trump also declared his plan to nominate Todd Blanche as deputy attorney general. Blanche, a criminal defense attorney, represented Trump in his state criminal trial in New York for falsifying business records, making this the second-highest-ranking position in the Department of Justice.



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