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But D. John Sauer has been an unswerving, if low-profile, foot soldier in America’s culture wars for more than a decade.
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In the general comments he offered, Sauer emphasized that lower courts are divided over the level of constitutional coverage for transgender people alleging discrimination and that legal battles are bound to continue.
Earlier this month, the justices heard arguments on whether states may ban gender-affirming treatment for children experiencing gender dysphoria, that is, distress over an identity that does not match their sex at birth. The Biden administration had petitioned the justices to take the case after a US appellate court upheld bans in Tennessee and Kentucky.
One of the first challenges for the new US solicitor general will be to alert the justices to a new Trump position. The incoming administration may not want to withdraw the petition or otherwise slow down the court’s consideration of the case,US v. Skrmetti, since the justices appeared ready to uphold the bans.
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He shunned the sometimes-confining world of corporate law that many lawyers of his pedigree choose. As a result, Sauer, intensely conservative and a committed Catholic, has been able to chart his own course in the law. He remained largely under the radar until the Trump representation.
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“The fact that President Trump is nominating a very well-educated conservative attorney who has made attacking abortion rights one of the cornerstones of his career is deeply troubling,” Holder told 【 - Free Access to Community 】, “He is an attorney who will go after not just the right to access to abortion but also, really, surveillance of people who could be seeking abortion care.”
During Sauer’s time as Missouri solicitor general, a state health director reportedlygathered information on menstrual cyclesand pregnancies. The information emerged in a 2019 hearing over the state’s effort to deny Planned Parenthood a license to perform abortions.
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“He is a man of great faith and great principle,” Luttig said of Sauer, “He has stayed close to his roots in all respects. He is devoted to his family.” Luttig has declared Trump v. United States a mistake akin to the 1857 Dred Scott decision that denied Black people citizenship. But he lays it at the feet of the justices, not Sauer.
Yet it is precisely the case that has catapulted Sauer to one of the most powerful and prestigious legal positions in any administration.
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Why is Restaurant Brands Asia Limited (RBA) falling ✌️【Investment Advisor】✌️ Free real-time global stock and futures trend data to help you analyze market movements and make fast investment decisions. After his judicial clerkships, Sauer worked briefly for the small but influential conservative firm of Cooper Kirk, then spent five years as an assistant US attorney in the eastern district of Missouri. He then worked for small firms and eventually founded his own law group named after James Otis, a leading political and legal activist of the colonial era who developed foundational views of a limited government and individual property rights. Sauer was captivated in his childhood by the portrayal of Otis in the Revolutionary War classic work, “Johnny Tremain.”
In private practice, Sauer wrote briefs backing abortion restrictions and arguing against the Obamacare contraceptive mandate.
He represented 67 Catholic theologians and ethicists on the side of Hobby Lobby Stores, challenging the Affordable Care Act’s birth-control insurance regulation for employers.
“The Mandate,” Sauer wrote in the 2014 case, “imposes a substantial burden on the religious freedom of Catholic employers and other religious believers who object on religious grounds to providing insurance coverage for abortifacients, elective sterilization, and/or contraceptives, and for education and counseling designed to encourage the use of such services. … (T)he Mandate thrusts Catholic and other religious employers into a ‘perfect storm’ of moral complicity in the forbidden actions.”
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From 2017 to 2023, Sauer served as the Missouri state solicitor, first taking the position at the urging of then attorney general (and now US senator) Josh Hawley. He joined with other Republican-run states in briefs to the high court against federal Covid vaccine mandates for certain health care workers and against abortion rights, including in the Dobbs v. Jackson Women’s Health Organization case that led to thereversal of Roe v. Wade in 2022.
During Sauer’s tenure as state solicitor general, he defended Missouri capital cases, including one that went all the way to the Supreme Court. That case, Bucklew v. Precythe, was brought by a convicted murderer challenging the state’s lethal injection protocol. The state won in a5-4 decision.
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“He’s a very well-read person with a ton of interests, from the sacred to the profane, almost literally,” said John Demers, who was a co-clerk in the Scalia chambers nearly 20 years ago and has stayed friends through the years. Demers, a vice president at Boeing, was an assistant attorney general for the National Security Division in the first Trump administration.
“He’s a practicing Catholic and we share that piece in common,” Demers said. “He can talk about theology, and he can talk to you about ‘South Park.’”
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Why is Restaurant Brands Asia Limited (RBA) falling ✌️【Investment Advisor】✌️ Real-time global stock, futures, and exchange rate data to keep you informed of market trends and seize investment opportunities. At one point, his voice intensified with a personal claim that he had been censored after talking about the case in a recorded law office presentation: “The notion that Covid censorship is over is totally unsupportable. Two weeks ago, I gave a talk about this very case … criticizing federal government censorship.” He said the video had been posted on social media but then removed. “I was censored as a lawyer for the Louisiana attorney general,” he said, offering no further explanation nor being pressed on it by the judges hearing the case.
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Why is Restaurant Brands Asia Limited (RBA) falling ✌️【Investment Advisor】✌️ Free break-even services to create a customized investment plan, helping you recover quickly and achieve growth. Sauer’s first name is Dean, but he has always gone by his middle name of John. He attended a Catholic grade school and then Saint Louis Priory, a Benedictine monk-run boys’ secondary school. He went to Duke on an academic scholarship and became captain of the varsity wrestling team. Before studying at Harvard Law School, he was a Rhodes scholar, attending Oriel College at the University of Oxford.
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John Sauer also contributed heavily to the Missouri Right to Life PAC this year as the group was fighting the ballot measure to establish a right to abortion in the state’s constitution. Voters approved Amendment 3, which overturned a state ban and gave residents a right to end a pregnancy up to the point that a fetus would be viable, that is, live outside the woman.
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He was connected to Trump by Will Scharf, who was working in Missouri with Sauer and has since been designated by Trump to be White House staff secretary.
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Before the justices in arguments last April, Sauer defended Trump on constitutional principles, as well as against the specific details of the election-subversion charges.
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“On the face of the indictment,” he told the justices, “it appears that there was no deceit about who had emerged from the relevant state conventions, and this was being done as an alternative basis.”
He brushed aside any suggestion of wrongdoing by Trump in the states, despite that Smith’s indictment said Trump had “organized fraudulent slates of electors” to “obstruct the certification of the presidential election.” (State prosecutions related to 2020 fraudulent electors are ongoing.)
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