D. John Sauer

Rule Changes

Won a Supreme Court stay on November 9 allowing Big Bend construction to resume.

The Supreme Court let the Trump administration resume border-barrier construction across the Big Bend region on November 9, staying a district judge's injunction while the lawsuit continues. The unsigned opinion said the government was "exceedingly likely to prevail" because the lower court probably had no power to hear the case.

Updated Yesterday

Rule Changes

Lost the IEEPA case 6-3 at the Supreme Court in February 2026 and is now defending the administration's Section 122 tariff on appeal at the Federal Circuit.

The Supreme Court ruled 6-3 on February 20, 2026, that the International Emergency Economic Powers Act never let presidents impose tariffs. Trump signed a replacement 10% global tariff under Section 122 of the Trade Act of 1974 within hours. That tariff expired in July and was replaced by Section 301 forced-labor duties, which the trade court is still weighing.

Updated Nov 3

Rule Changes

Filed the petition for certiorari

The Supreme Court agreed on Oct. 19 to decide whether the 1868 ban on distilling spirits at home is constitutional. The case, Department of Justice v. McNutt, turns on whether the ban is a valid use of Congress's power to tax.

Updated Oct 25

Rule Changes

Won a Supreme Court stay for the FCC on Oct. 14

The Supreme Court let political parties and joint fundraising committees keep discounted TV and radio ad rates through the Nov. 3 midterms. A 7-2 unsigned ruling on Oct. 14 stayed a Fourth Circuit order that had given the Federal Communications Commission 48 hours to decide a Democratic challenge.

Updated Oct 23

Rule Changes

Argued for the administration in the emergency petition

The Supreme Court on Wednesday refused to let the Trump administration enforce new restrictions on medical care for transgender federal inmates. The 7-2 order leaves a lower-court block in place, so the roughly 1,000 people covered by a class action can keep receiving hormone therapy and other gender-affirming care while the case continues.

Updated Oct 22

Rule Changes

Won the Supreme Court ruling in June 2026 that overruled Humphrey’s Executor and upheld Slaughter’s firing.

President Donald Trump fired Federal Trade Commission commissioner Rebecca Kelly Slaughter in March 2025 without stating cause, setting off a legal fight over whether presidents can remove members of independent agencies at will. On June 29, 2026, the Supreme Court ruled 6-3 for Trump, struck down the FTC's for-cause removal protections and overruled Humphrey's Executor, the 1935 decision that had shielded multi-member commissions from at-will removal.

Updated Oct 19

Rule Changes

As of September 2026: Argued the administration's emergency request; request denied

The Supreme Court on Monday rejected President Donald Trump's bid to restrict mail-in voting for the November midterms. The decision leaves lower court injunctions in place, letting states send out ballots under the same rules they've used for years.

Updated Sep 17

Rule Changes

As of July 2026: Won 6-3 at the Supreme Court on June 25, 2026

On June 25, 2026, the Supreme Court ruled 6-3 in Mullin v. Doe that courts cannot review non-constitutional challenges to TPS terminations. Justice Alito wrote the majority opinion; the three liberal justices dissented.

Updated Jul 24

Rule Changes

As of May 2026: Argued for the government before the Supreme Court

Since 1968, federal law has barred anyone who uses illegal drugs from owning a firearm. On March 2, 2026, the Supreme Court heard arguments over whether the ban violates the Second Amendment for roughly 50 million Americans who use marijuana legally under state law but not under federal law.

Updated May 30

Rule Changes

As of May 2026: Arguing for Trump administration before Supreme Court

A small wine importer and a toy company are forcing the Supreme Court to answer a question: Can the president slap tariffs on the entire world without Congress? Trump used emergency powers law to impose tariffs collecting $130 billion, courts said he overstepped, and now the justices will decide if emergency powers mean what they've always meant—or something new.

Updated May 19

Rule Changes

As of May 2026: Driving the government’s push to keep CSRA channeling strict and stop discovery

Immigration judges say the Justice Department has effectively muzzled them: speak publicly about immigration and you need permission, and what you say can be steered into "agency talking points." The Trump administration's response has been procedural. You don't get federal court—go through the civil-service machinery first.

Updated May 15

Rule Changes

As of May 2026: Arguing in support of EO 14160 before the Supreme Court

On January 20, 2025, the first day of his second term, President Donald Trump signed Executive Order 14160, "Protecting the Meaning and Value of American Citizenship." The order denies automatic citizenship to U.S.-born children when the mother is unlawfully present or on a temporary visa and the father is neither a citizen nor a lawful permanent resident. It challenges 125 years of legal consensus (grounded in the 14th Amendment and the Supreme Court's 1898 decision in United States v. Wong Kim Ark) that nearly all children born on U.S. soil are automatically citizens.

Updated May 10