Amy Coney Barrett Confronts Trump Admin Lawyer on Respecting Court Rulings

In oral arguments about birthright citizenship on Thursday, Supreme Court Justice Amy Coney Barrett confronted Solicitor General D. John Sauer on the Trump administration's approach to respecting court rulings.

Newsweek reached out to the Department of Justice (DOJ) for comment via email.

Why It Matters

The nation's highest court heard arguments about whether lower courts have the authority to block President Donald Trump's executive order to end birthright citizenship, which ensures that children born in the U.S. are citizens regardless of their parents' status. The court's ruling could have key implications for millions of Americans.

What To Know

Barrett, appointed to the court by Trump, on Thursday asked Sauer about whether the administration "wanted to reserve its right to maybe not follow a Second Circuit precedent say, in New York, because you might disagree with the opinion?"

The "general practice" is to "respect those precedents," but "there are circumstances when it is not a categorical practice," Sauer said, prompting Barrett to ask if he meant he believes that is the "general practice" of only the Trump administration or the federal government.

Sauer replied that he understands it to be the "long-standing practice of the Department of Justice."

"Really?" responded Barrett.

"That we generally, as it was phrased to me, generally respect circuit precedent but not necessarily in every case and some examples might be a situation where we're litigating to try to get that circuit precedent overruled and so forth," he responded.

Barrett, however, said she's not referring to when there's a "case from 1955 and you think it's time to be challenged," but how the administration acts when a circuit court rules an order is unconstitutional. Sauer said the court "generally" follows that.

"So you're still saying generally? And you still think that it's generally the long-standing policy of the federal government to take that approach?" she said.

He responded, "That is my understanding."

Earlier in questioning, Justice Elena Kagan raised a similar matter, asking Sauer how the administration would react to a judge in the U.S. Second District Court of Appeals ruling one of Trump's executive orders is unconstitutional.

She asked whether the administration would commit to not enforcing an executive order to anyone living within that district, or if it would simply say, "no, we can continue to apply the rule, as to everybody else in the Second Circuit."

Sauer said the "general practice" is to abide by circuit precedent within the circuit, but that he can't answer because it would "depend on what the lower court decision says."

When Kagan questioned whether the injunction would apply to everyone or just the individual who brought the suit, Sauer said the court should not enter injunctive relief if the case does not meet the "rigorous criteria" for class certification.

The administration would respect that precedent if it came from the Supreme Court, Sauer said. Kagan questioned whether, in this case, that would mean there could be a group of people who would not be, but should have been treated as citizens, to which Sauer said they would have the ability to seek injunctive relief over the order.

What People Are Saying

Former Federal Prosecutor Neama Rahmani told Newsweek: "Sauer's statement is concerning. The Solicitor General's job is to follow the law. The Department of Justice can't pick and choose what judicial rulings to follow based on political preferences. A circuit court's ruling is binding within that circuit, including the federal government, unless the ruling is stayed or overturned by that Circuit or Supreme Court. Justice Barrett is a Trump appointee and a conservative. But her question reflects her concern about the separation of powers and the executive's respect for judicial authority, a co-equal branch of government."

Democratic strategist Max Burns wrote to X: "Trump Solicitor General D. John Sauer tells Justice Amy Coney Barrett that Trump 'generally' tries to respect federal court decisions but he has the 'right' to disregard legal opinions he personally disagrees with. Coney Barrett seems to be in disbelief."

X user @JojoFromJerz wrote to X: "Generally. I generally pull over when a police officer puts their lights on after catching me speeding. I generally pay for the merchandise I take out of a store. Generally."

What Happens Next

The court will hand down its ruling in the birthright citizenship case later this year. Meanwhile, several of Trump's other executive orders are facing legal challenges and making their way through the court. Barrett's decisions have become a key swing vote in some of these cases and she could continue wielding that power.

Update 5/15/2025 5:37 p.m. ET: This article was updated with additional information.