During Supreme Court oral arguments in key cases challenging Trump's executive order on birthright citizenship, Justice Amy Coney Barrett scrutinized Solicitor General John Sauer's stance on federal court precedent adherence. Her questioning revealed a rift between the administration's commitment to following judicial decisions and its willingness to potentially disregard them if deemed politically expedient. Sauer clarified that although historically, the Department of Justice has respected precedents, exceptions exist when the government actively seeks to contest them. This exchange underscores the delicate balance between judicial authority and executive policy in contemporary legal discourse.
Coney Barrett highlighted the tension between adherence to federal court precedents and the government's right to potentially disregard them based on disagreement.
General Sauer maintained that while the DOJ generally respects circuit precedents, exceptions can arise when the government seeks to have those precedents overruled.
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