Kagan Slams Trump Lawyer in Birthright Citizenship Clash: 'Every Court Rules Against You'

Sarah Johnson
May 15, 2025
Brief
Justice Kagan clashes with Trump’s lawyer over birthright citizenship, highlighting lower court losses in a pivotal Supreme Court case.
In a fiery Supreme Court showdown, Justice Elena Kagan tore into U.S. Solicitor General John Sauer over the Trump administration’s push to curb birthright citizenship. Kagan didn’t mince words, pointing out the administration’s string of losses in lower courts. “Every court is ruling against you,” she snapped, challenging Sauer on the logistics of dismantling universal injunctions that have stalled President Donald Trump’s executive order.
The order, which reinterprets the 14th Amendment to deny automatic citizenship to children born in the U.S. to certain non-citizen parents, has sparked a legal firestorm. Three lower courts issued nationwide injunctions earlier this year, freezing the policy as lawsuits pile up. Kagan pressed Sauer on how the Supreme Court could manage the flood of challenges without universal injunctions, dismissing his arguments with a quip: “If I were you, I wouldn’t even try this case!”
The case, heard by the justices in April, could reshape the legal landscape. With over 310 federal lawsuits challenging Trump’s actions since his second term began on January 20, 2025, the ruling may set a precedent for executive power and judicial oversight. For now, Trump’s order remains on hold, leaving the nation watching as the court grapples with a divisive issue.
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Editor's Comments
Kagan’s courtroom zinger had Sauer sweating like a lawyer trying to sell ice to a polar bear. Trump’s birthright gambit feels like a legal piñata—every court’s taking a swing, and there’s no candy yet!
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