Supreme Court

DOJ solicitor general confirmed ahead of major Supreme Court showdowns

Dean John Sauer, the newly confirmed solicitor general who defended President Donald Trump in several of his criminal cases last year, is stepping into the nation’s top courtroom role just as the Justice Department braces for a series of high-stakes Supreme Court battles that could define the reach of executive power. The Senate on Thursday […]

Dean John Sauer, the newly confirmed solicitor general who defended President Donald Trump in several of his criminal cases last year, is stepping into the nation’s top courtroom role just as the Justice Department braces for a series of high-stakes Supreme Court battles that could define the reach of executive power.

The Senate on Thursday confirmed Sauer in a 52-45 vote, largely along party lines, cementing his position as the Trump administration’s lead advocate before the justices. A former Missouri solicitor general and clerk to the late Justice Antonin Scalia, Sauer is widely seen as a key legal architect of the administration’s approach to constitutional authority, and he now takes the reins amid a flood of Trump policies facing legal challenges.

Attorney John Sauer, left, presents arguments for former President Donald Trump, right, as E. Jean Carroll, second from right, looks on in Manhattan federal court, Friday, Sept. 6, 2024, in New York. (Jane Rosenberg via AP)

Sauer is no stranger to the high court. Last year, he argued, and won, Trump’s claim to presidential immunity in a historic case stemming from the former president’s alleged role in the Jan. 6 Capitol riot. That decision, which granted presidents sweeping immunity for official acts, has already emboldened the Trump administration’s expansive view of executive power.


Mike Davis, former chief counsel for nominations to Senate Judiciary Chairman Chuck Grassley (R-IA), celebrated Sauer’s confirmation and praised his lawyering skills during Trump’s reelection campaign, when Trump was under the threat of four criminal indictments.

“John devised and won the crucial presidential-immunity strategy that ensured President Trump returned to the White House instead of facing Biden special counsel Jack Smith and DC Obama Judge Tanya Chutkan’s persecution and imprisonment,” said Davis, a close ally of Trump. “Those mocking John then certainly aren’t doing that now, especially after John won one of the most monumental Supreme Court victories in our history.”

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The artist sketch depicts former President Donald Trump’s attorney John Sauer, far right, speaking before the Supreme Court about whether Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election, on Capitol Hill in Washington, Thursday, April 25, 2024. (Dana Verkouteren via AP))

Since Trump’s return to office in January, Sarah M. Harris has served as acting solicitor general in Sauer’s place, guiding the administration’s litigation strategy while his confirmation was pending.

Now Sauer is expected to oversee several major cases this term, including challenges to birthright citizenship and fast-track deportation authority, as well as legal questions over defunding federal grants and removing civil service protections for thousands of government workers. While the solicitor general traditionally argues the most consequential cases, deputies under Sauer may also take the lead in oral arguments depending on the issue.

Legal experts say the timing of Sauer’s confirmation, just ahead of April’s argument calendar, places him squarely in the spotlight for some of the administration’s most consequential legal battles.

Though not listed on the briefs, Sauer also raised eyebrows for filing two high court requests on Trump’s behalf before his confirmation. He urged the justices to pause a law that could ban TikTok and to halt Trump’s sentencing in the New York hush money case.

At his confirmation hearing, Sauer cited fidelity to the Constitution and praised Scalia as a guiding influence. But he drew Democratic criticism after declining to commit to following all court orders, calling scenarios where Trump might defy judicial rulings “implausible.”

“Senate Republicans confirm Trump personal attorney John Sauer as Solicitor General, despite his refusal to commit to recusing himself from conflicts of interest AND his refusal to commit to abide by court orders,” the X account for Senate Judiciary Democrats wrote in a post Thursday.

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Trump has praised Sauer as a “masterful appellate attorney” and a loyal defender in what he describes as political lawfare campaigns against his presidency.

CALIFORNIA LAWYER HARMEET DHILLON TESTIFIES AT ASSISTANT AG CONFIRMATION HEARING

Harmeet Dhillon, a conservative attorney and former California Republican Party official, was also confirmed to lead the Civil Rights Division of the Department of Justice on Thursday. Dhillon has been Trump’s legal adviser for years.

On Wednesday, the Senate confirmed Stanley Woodward as associate attorney general, the third-highest position in the DOJ. Woodward, a defense attorney known for representing several of Trump’s allies, including personal aide Walt Nauta, will oversee critical divisions such as civil rights, antitrust, and environmental enforcement.

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