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2mo ago

Trump Justice Nominees Face Scrutiny Over Stance on Obeying Court Orders

Nominees for top Justice Department roles hesitate to rule out defying judicial orders, citing hypothetical 'extreme cases.'

John D. Sauer, Aaron Reitz and Harmeet Dhillon are sworn in during their confirmation hearing before the Senate Judiciary Committee in the Dirksen Senate Office Building on Capitol Hill on February 26 in Washington, DC.
Trump’s solicitor general pick wouldn’t rule out defying court orders.
Dean John Sauer, President Donald Trump's nominee to be U.S. solicitor general, during his confirmation hearing before the Senate Judiciary Committee in the Dirksen Senate Office Building on Capitol Hill on Feb. 26, 2025.
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Overview

  • President Trump's nominees for solicitor general and assistant attorney general were questioned by Senate Democrats on whether elected officials can lawfully defy federal court orders.
  • D. John Sauer, nominee for solicitor general, stated that officials should generally follow court orders but cited 'extreme cases' as potential exceptions, referencing historical rulings like Korematsu and Dred Scott.
  • Aaron Reitz, nominee for assistant attorney general, declined to make a definitive statement, arguing that the issue is too case-specific to address hypothetically.
  • Sen. Dick Durbin criticized the nominees' reluctance to provide clear answers, highlighting concerns about undermining judicial authority.
  • Republican senators, including John Kennedy and Josh Hawley, weighed in, with Kennedy warning against defying court orders and Hawley questioning how officials should respond to morally egregious rulings.