President-elect Donald Trump has announced his intention to nominate D. John Sauer, a lawyer who recently achieved a significant Supreme Court victory for Trump in a high-profile immunity case, as the next Solicitor General of the United States. This nomination highlights Sauer’s legal expertise and his close ties to the former president, positioning him as a key figure in the upcoming administration. Trump lauded Sauer in a public statement on Thursday evening, describing him as a “deeply accomplished, masterful appellate attorney,” signaling the importance he places on Sauer’s legal acumen.
D. John Sauer, age 50, possesses a distinguished resume that mirrors those of previous Solicitors General, individuals who represent the U.S. government before the Supreme Court. His academic background includes being a Rhodes Scholar and a graduate of Harvard Law School, prestigious credentials that underscore his intellectual capabilities. Early in his career, Sauer honed his legal skills through clerkships with Judge J. Michael Luttig of the U.S. Court of Appeals for the 4th Circuit, a respected conservative jurist who has since become a critic of Trump, and later with the late Justice Antonin Scalia, a towering figure in conservative legal thought. Further enriching his experience, Sauer served as a federal prosecutor for five years, gaining invaluable courtroom experience.
D. John Sauer arguing on behalf of Donald Trump before the Supreme Court in April's Trump v. United States.
His career trajectory 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 advocate for conservative legal positions, sometimes venturing into controversial territories. During his tenure as Missouri’s Solicitor General, John Sauer made his debut appearance before the Supreme Court in Bucklew v. Precythe. In this case, he successfully defended Missouri’s lethal injection protocol against an Eighth Amendment challenge. The plaintiff, an inmate, argued that the execution method constituted cruel and unusual punishment due to the high risk of him choking on his own blood. Sauer’s victory in Bucklew v. Precythe demonstrated his ability to argue complex and sensitive cases before the nation’s highest court.
Sauer’s conservative legal stance was further underscored in December 2020 when he spearheaded a coalition of states in filing an amicus brief supporting Texas’s attempt to contest the 2020 election results in key battleground states won by Joe Biden. In the brief, John Sauer articulated concerns about “election integrity and public confidence” stemming from Texas’s allegations. Despite Sauer’s efforts, the Supreme Court ultimately rejected Texas’s lawsuit, citing a lack of legal standing. Furthermore, in 2022, Sauer, representing Missouri and nine other states, challenged the Biden administration’s COVID vaccine mandate for healthcare workers in federally funded facilities. Although they petitioned the Supreme Court for review, their petition was ultimately denied.
After concluding his service as Missouri’s Solicitor General, John Sauer established his own private practice, naming it the James Otis Law Group. This name is a nod to James Otis, a prominent Massachusetts lawyer and legislator from the colonial era, celebrated for his early advocacy against British colonial policies. Smithsonian Magazine has recognized Otis as “one of the most influential protesters against Britain’s colonial laws.” While often credited with the famous slogan “Taxation without representation is tyranny,” historians note this attribution is an oversimplification of Otis’s broader contributions. Notably, James Otis’s public life was curtailed in the 1770s due to mental health challenges.
In his private practice, John Sauer has continued to engage in significant legal battles on contentious issues. He represented Louisiana, alongside Missouri, in Murthy v. Missouri, a case challenging the federal government’s communications with social media companies regarding content moderation. While their efforts to restrict government influence on social media content policies were ultimately unsuccessful at the Supreme Court level, the case highlighted ongoing debates about free speech and government overreach in the digital age. Currently, John Sauer is representing state officials in defense of an Arizona law that prohibits transgender women and girls from participating in women’s sports at the college and school levels. This case reflects the ongoing cultural and legal clashes surrounding transgender rights and gender identity in sports.
However, it is widely believed that John Sauer’s successful representation of Donald Trump in the Supreme Court immunity case was pivotal in securing his nomination for Solicitor General. Despite an initial setback at the U.S. Court of Appeals for the District of Columbia Circuit, Sauer took Trump’s case to the Supreme Court, which agreed to hear it. In April, John Sauer argued before the Supreme Court on behalf of Trump, asserting that former presidents are entitled to broad immunity from criminal prosecution for actions taken during their official capacity. The Supreme Court, in a 6-3 decision, largely agreed with Sauer’s argument, establishing a significant precedent regarding presidential immunity. The court remanded the election interference charges against Trump back to a lower federal court for further review, tasking Judge Tanya Chutkan with re-examining the charges in light of the immunity ruling. Following Trump’s electoral victory, Special Counsel Jack Smith has indicated plans to conclude the prosecution and resign before Trump assumes office, further solidifying the impact of Sauer’s legal victory.
Trump’s announcement of Sauer’s nomination as Solicitor General was closely followed by the revelation of his intention to nominate Todd Blanche, a criminal defense attorney who represented Trump in the New York state criminal trial concerning falsifying business records, as Deputy Attorney General. These nominations signal Trump’s strategic focus on appointing legal conservatives to key positions within the Department of Justice, potentially shaping the legal landscape of his administration. With his strong conservative credentials, Supreme Court litigation experience, and recent victory on behalf of President-elect Trump, John Sauer Lawyer is poised to become a highly influential Solicitor General, should his nomination be confirmed.
