- by foxnews
- 02 Apr 2026
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.
"Every court is ruling against you."
A Supreme Court decision here could have sweeping national implications, setting a precedent that would affect the more than 310 federal lawsuits that have challenged White House actions since Trump's second presidency began on Jan. 20, according to a Fox News data analysis.
Birth tourism is a booming concierge industry as Trump's Executive Order 14160 on birthright citizenship faces a Supreme Court challenge in a major case.
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