President-elect Donald Trump has announced his intention to nominate D. John Sauer as the solicitor general of the United States. Sauer, recognized for his recent success in arguing before the Supreme Court that Trump enjoys considerable immunity from prosecution, is set to take on the role as the federal government’s top litigator. Trump’s announcement was made on Thursday evening, where he described Sauer as a “deeply accomplished, masterful appellate attorney” (SCOTUSblog).
Sauer, age 50, holds an impressive resume with credentials aligning with many of his predecessors. A graduate of Harvard Law School and a Rhodes Scholar, Sauer previously 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. His career includes a five-year stint as a federal prosecutor, bringing deep experience to the position.
From 2017, Sauer served as the solicitor general of Missouri, using his position to champion conservative causes, often in contentious cases. His tenure was marked by significant legal proceedings, including his defense of Missouri’s lethal injection protocol in Bucklew v. Precythe (SCOTUSblog Case Files), and a leading role in a multi-state effort to challenge the results of the 2020 election.
In his private practice with the James Otis Law Group, named after the colonial protester against British laws, Sauer has continued to court controversial issues. Recently, he represented states in disputes concerning government interactions with social media platforms and defended Arizona’s law on transgender participation in sports (Howe on the Court).
Sauer’s planned appointment is considered part of a broader strategy by Trump, who has also announced Todd Blanche as his pick for the role of deputy attorney general. Blanche, like Sauer, has been closely involved in legal matters concerning Trump, notably representing him in a state trial concerning business record falsification charges in New York.
This legal appointment underscores a potential shift in the Justice Department’s direction under Trump’s administration, highlighting a focus on particular legal philosophies and priorities that may influence the federal approach to litigation and prosecution over the ensuing years.