Justice Elena Kagan sharply questioned Trump administration lawyer D. John Sauer over the legality and impact of ending birthright citizenship, calling the government’s argument unconvincing during a heated Supreme Court hearing.
RAW STORY
Supreme Court Justice Elena Kagan sharply challenged U.S. Solicitor General D. John Sauer on Thursday as he defended the Trump administration’s executive order ending birthright citizenship. President Trump’s order, issued at the start of his second term, claims children born in the U.S. to undocumented immigrants are not citizens.
Three federal judges have declared the move unconstitutional, leading to the current Supreme Court case.
Kagan asked Sauer whether “every single person” affected would need to file an individual suit. When Sauer attempted to explain, she said, “That does not fill me with great confidence.”
Kagan continued: “If one thinks the [executive order] is illegal, how does one get to that result? In what time frame… without the possibility of a nationwide injunction?”
Justice Barrett interjected, “Are you really going to answer Justice Kagan by saying, there’s no way to do this expeditiously?”
Observers online noted Kagan’s intensity. “Justice Kagan is ripping this dude Sauer to shreds,” one user posted.
Trump has defended the order on Truth Social.