Justice Kagan snaps at Trump lawyer in major case: 'Every court has ruled against you'
'If I were in your shoes, there's no way I'd approach the court with this case!' Justice Elena Kagan quips
By Breanne Deppisch Fox News
Published May 15, 2025 11:34am EDT
Justice Elena Kagan grilled U.S. Solicitor General John Sauer on the practicalities of ending universal injunctions on Thursday, a major sticking point in a highly watched case centered on birthright citizenship and the power of lower courts to rule against the executive branch.
Kagan pressed Sauer Thursday on ending universal injunctions and how the higher court should then be tasked with managing the flow of lower court challenges.
She also noted that the Trump administration has been "losing uniformly" in lower court cases on the "substantive question" in dealing with birthright citizenship.
"If I were in your shoes, there's no way I'd approach the court with this case!" Kagan quipped.
After he attempted to answer, she responded that "This is not a hypothetical – this is happening out there."
"Every court is ruling against you."
Justices on the high court agreed in April to hear the case, which centers on three lower courts that issued national injunctions earlier this year blocking President Donald Trump's executive order on birthright citizenship.
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