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D. John Sauer

D. John Sauer

Solicitor General of the United States

Apr 29, 2026

John RobertsSOUNDBITE_SPEAKER
2:15
General Sauer.
2:17
Mr.
2:17
Chief Justice, and may it please the Court.
2:20
Respondents here seek judicial review of the Secretary's decisions to terminate temporary protected status for Syria and Haiti.
2:28
Yet, Section twelve fifty-four A, B five A provides that there is no judicial review of any determination of the Secretary with respect to the designation or termination or extension of a designation of a foreign state for temporary protected status.
2:44
That provision means what it says.
2:47
Determination is hardly a rarely used word that broadly includes the Secretary's decisions, conclusions, or opinions.

1 HR 42 MINS LATER

John RobertsSOUNDBITE_SPEAKER
105:22
Rebuttal, General?
Elena Kagan
Elena KaganPANELIST
37:48
And given the long history of this country's understanding about birthright citizenship, what would it take, what do you think it should take to accept that story in terms of the magnitude of the evidence that we would need to see in order to to accept this revisionist theory and in order to change what I think people have thought the rule was for more than a century.
38:18
Let me make two points in response to that, one historical and one legal.
38:21
Historical point, I disagree with the way you've characterized the understanding of Wong Kim Ark, and I would point to something that's emphasized in their and Miki's briefs, which is in 1921, Richard Flournoy, who becomes a senior State Department official in the Roosevelt administration and pushes their theory as to temporary sojourners, writes a law review article in 1921 where he says, I think the children of temporary visitors should be citizens.
38:47
But he admits that is not the understanding of Wonkamark.
38:49
He admits Wonkamark did not hold that.
38:51
And he admits that there's an array of authorities that go against him.
38:55
He talks about careful and reliable high authorities.

1 HR 26 MINS LATER

John RobertsMODERATOR
125:06
Rebuttal, General Sauer.
John RobertsMODERATOR
0:08
General Sauer.
0:12
Mr.
0:12
Chief Justice, and may it please the Court.
0:15
On April 2nd, President Trump determined that our exploding trade deficits have brought us to the brink of an economic and national security catastrophe.
0:23
He further pronounced that the traffic of fentanyl and other opioids into our country has created a public health crisis taking hundreds of thousands of American lives.
0:33
President Trump has declared that these emergencies are country-killing and not sustainable, that they threaten the bedrock of our national and economic security, and that fixing them will make America a strong, financially viable, and respected country again.
0:46
Due to IEPA tariffs, President Trump has negotiated agreements worth trillions of dollars with major trading partners, including most recently China, Unwinding those agreements, he warns, would expose us to ruthless trade retaliation by far more aggressive countries and drive America from strength to failure with ruinous economic and national security consequences.

2 HRS 34 MINS LATER

154:55
Thank you.

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