Supreme Court 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 on 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, “This is not a hypothetical — this is happening out there.
