During a recent session, Judge Elena Kagan questioned General John Sauer about the feasibility of ending a universal injunction. She pressed him on how the Supreme Court ought to navigate lower court schedules. Kagan noted that the Trump administration has been “uniformly losing” in lower courts on significant matters related to birthright citizenship.
A high court has agreed to review a case regarding national injunctions that stemmed from three lower courts blocking Trump’s executive order on birthright citizenship. Kagan expressed incredulity, saying, “If I had worn your shoes, there’s no way I could approach the court in this case!” After Sauer attempted to respond, she reiterated, “This is not a hypothesis – this is happening there.”
She emphasized that the ruling has yet to favor the administration, stating, “All courts have ruled against you.” This executive order looks to reinterpret the 14th Amendment, asserting that automatic U.S. citizenship should not apply to children born to undocumented mothers or those temporarily in the country, provided the father is neither a citizen nor a legal permanent resident at birth. As it stands, a Supreme Court intervention is pending, with the potential to significantly affect over 310 federal lawsuits related to the administration’s actions since January 20, 2025.
