Supreme Court Justice Amy Coney Barrett kidnapped U.S. Deputy Attorney General John Sauer on Thursday and exerted him an urge to see if the Trump administration follows federal court precedent. Communication soon became one of the most watched moments of the day, which could rekindle criticism of Trump ally Barrett.
The round trip was held in a verbal debate Thursday, in cases related to President Donald Trump’s efforts to end citizenship in reproductive rights, with particular attention to whether lower courts should be able to prevent enforcement actions from taking effect nationwide.
Justice Barrett, a Trump-appointed judge, baked on the administration's position on the lower court ruling, which follows a similar investigation by her colleagues on the bench.
"I want to ask about the tension you might have," she began to pause to correct herself. "Well, no, not potential tension, the actual tension I saw in my answers to Kavanaugh and Justice Kagan."
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President Donald Trump, along with Treasury Secretary Scott Bessent, left and business secretary Howard Lutnick, right, signed an executive order with reporters to create the U.S. sovereign wealth fund in the Oval Office of the White House on February 3, 2025 in Washington, D.C., Washington, D.C., Washington, D.C. (Jim Watson/AFP via Getty Image)
Barrett then asked Seer if the Trump administration would reserve the right to probably not follow the second circuit precedent, such as in New York, because you might not agree with it? ”
"When she asked you if you comply with the government, you turned down Justice Kagan," she said.
Thor replied: "Our general practice is to respect these precedents. But in some cases, this is not an absolute practice, that is not..."
Barrett interrupted and asked if it was the Trump administration’s approach or “the long-term federal government’s actions?”
Saul replied that this is "the long-term policy of the Ministry of Justice."
"Really?" she asked.
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"Yes, as I said to me, we usually respect circuit precedents, but not necessarily in every case," Thor said. He later added: "Some examples might be situations where we are litigating to get that circuit precedent to veto and so on."
Barrett stressed: “That’s not what I’m talking about.
"What will you do the next day or next week?" she asked.
"We follow this in general," Thor said, which caused an incredible reaction to justice.
"So, are you still talking?" she asked him. “And you still think that taking this approach is often a long-term federal policy?”
Protesters have faced President Donald Trump's performance in the early months of his second presidency, who signed an executive order at the White House. The Supreme Court will hear an oral debate on a case involving Trump's executive order for the right to birth citizens on Thursday. (Getty Image)
The remarks sparked political reactions on social media, with democratic strategist Max Burns noting that “Trump lawyer D. John Sauer told Judge Amy Coney Barrett that Trump generally tried to respect the federal court’s ruling, but he had the “right” to not have the right to disagree with his personal legal opinions.
"John Sauer just shouted: Trump's team may ignore the lower court's ruling unless the Supreme Court tells them directly," said Seth Taylor, DNC representative for 2024. "That's not governance - that's marginalism of the constitution."
"Amy Coney Barrett (ACB) proves once again that she may be the worst option Republican ever has ever been," conservative commentator and podcast host Cash Loren said on social media.
"She was appointed to the Supreme Court for life. … But you can hear her despise of the Trump administration."
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Demonstrators protested against President Donald Trump in a protest at the Washington Monument on April 5, 2025. (AP Photo/Jose Luis Magana)
Earlier this year, Barrett supported three liberal judges and Chief Justice John Roberts of the Supreme Court, rejected 5-4, with the Trump administration demanding billions of USAID funds from being used for previously completed projects.
The decision triggered Trump supporters fierce criticismthey tried to label Justice Barrett as a “radicalist” justice, and their loyalty to the president who was loyal to the High Court.
Others point to her track record as a reliable conservative voter, and the fact that the court has a lifetime appointment makes the judges ostensibly needless to have undue political intervention.
Trump later said he had no idea about the attacks against her, telling reporters: "She is a very good woman."
"She's smart, I don't know anyone attacked her. I really don't know," Trump added.
The court's ruling may take place within a few days or weeks. But that could be closely dependent on two Trump-appointed men, Neil Gorsuch and Justice Barrett, George Washington University Judge Jonathan Turley told Fox News Friday.
Overall, he said of the hearing: “It’s very sporty there.”
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"There are at least some lively moments, at least for the Supreme Court," he said.
"Judge Barrett is probably the biggest concern of the Trump administration right now," Touri said.