When Chuck Hatfield, a lawyer in Missouri, walked into a 2019 hearing to represent Planned Parenthood in its battle to maintain a license for the state’s sole surgical abortion clinic, he was met with a surprising adversary in the form of Missouri’s solicitor general, D. John Sauer. Despite it being an administrative hearing, Mr. Sauer, the state’s top appellate lawyer, chose to present the case himself, arguing that Planned Parenthood’s license should not be renewed due to abortion-related complications. Although Mr. Sauer ultimately lost the hearing, his tenacity and assertiveness left a lasting impression.
Mr. Sauer, now President Trump’s pick for U.S. solicitor general, made headlines last year for representing Mr. Trump in a case regarding presidential immunity. He boldly argued that a former president could be immune from prosecution even if he ordered drastic actions against a political rival. This example of Mr. Sauer’s approach to litigation, particularly in conservative causes like abortion, is characteristic of his legal career.
His recent confirmation by the Senate places Mr. Sauer in a pivotal position as the top Justice Department official representing the federal government in Supreme Court arguments. Referred to as the “10th justice,” Mr. Sauer is tasked with spearheading the administration’s efforts to sway the Supreme Court on issues where lower courts have halted key parts of the government’s agenda.
Mr. Sauer’s background in litigating against same-sex marriage, access to contraception, and transgender rights aligns well with the Trump administration’s stance on conservative values. However, his staunch anti-abortion advocacy may present challenges in an administration balancing political considerations on abortion rights, an issue on which the majority of Americans believe should be legal.
Despite President Trump’s efforts to appoint justices tipping the scales against abortion rights, his wavering stance during his 2024 campaign and statements post-election paint a different picture. As the landscape of abortion laws shifts, anti-abortion groups continue to press for restrictions, bringing cases to challenge access before the Supreme Court’s conservative supermajority.
The role of the solicitor general, historically viewed as independent from politics, has evolved to align more closely with the president’s agenda. Mr. Sauer’s nomination signals a significant step in this trajectory, raising questions of how his anti-abortion fervor will mesh with an administration navigating nuanced political terrain on reproductive rights.
Mr. Sauer’s legal career trajectory, from representing conservative causes in Missouri to his recent confirmation as U.S. solicitor general, reflects a drive for conservative values. His upbringing in a politically connected, anti-abortion family, coupled with his elite education and experience, positions him as a formidable force in legal circles.
His work defending anti-abortion laws, pushing for limits on abortion access, and representing conservative groups in high-profile cases showcases his commitment to conservative causes. While lauded for his legal acumen and integrity by peers and mentors, Mr. Sauer faces scrutiny for his alignment with the Trump administration’s agenda, particularly on divisive issues like abortion.
As he steps into his role as U.S. solicitor general, Mr. Sauer’s past affiliations and legal track record will shape his tenure. Whether his assertive litigation style and dedication to conservative values will serve the administration’s objectives or present challenges amid evolving political landscapes remains to be seen.
