Justice Elena Kagan sharply questioned US Solicitor General John Sauer on Thursday (May 15) over the Trump administration’s attempt to curtail nationwide injunctions issued by federal judges — a central issue in the high-stakes case involving birthright citizenship.
Kagan focused on the real-world consequences of ending universal injunctions, asking how the Supreme Court could manage a flood of legal challenges from different jurisdictions.
“If I were in your shoes, there’s no way I’d approach the Court with this case,” Kagan remarked, drawing chuckles in the courtroom, Fox News reported.
When Sauer attempted to explain, Kagan cut in. She was quoted as saying by the news outlet: “This is not a hypothetical – this is happening out there. Every court is ruling against you.”
Trump policy faces legal defeats
The Trump administration’s executive order, issued in early 2025, seeks to reinterpret the 14th Amendment to deny automatic US citizenship to children born in the country if their mother is in the US illegally or temporarily and the father is neither a citizen nor a lawful permanent resident.
Lower courts in Maryland, Massachusetts, and Washington state swiftly blocked the order, calling it unconstitutional. All three issued nationwide injunctions — a legal tool the administration argues oversteps judicial authority.
“The administration is losing uniformly,” Kagan pointed out, referring to those rulings.
Universal injunctions under fire
While the Supreme Court is not directly ruling on the constitutionality of Trump’s birthright policy in this phase, it is weighing the legitimacy of broad injunctions that apply nationwide.
Potential precedent for over 300 lawsuits
The case carries broad implications for the balance of power between the judiciary and executive branches. Since Trump’s return to the presidency in 2025, more than 310 federal lawsuits have been filed against his administration. Many have relied on nationwide injunctions to halt controversial policies swiftly.
SCOTUS decision looms
The Supreme Court’s ruling, expected by June, could reset the legal framework for presidential accountability and how constitutional rights are defended in court. For now, Trump’s order remains paused, as the nation awaits a verdict with sweeping constitutional and political consequences.
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