this post was submitted on 16 May 2025
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Justice Elena Kagan appeared baffled by Team Trump’s legal strategy.

Supreme Court Justice Elena Kagan ridiculed Donald Trump’s challenges to judicial injunctions and birthright citizenship on Thursday, telling the administration it has its strategy all wrong.

Kagan chided U.S. Solicitor General John Sauer for not challenging the legality of birthright citizenship outright. Instead, Sauer is challenging the judicial authority to issue nationwide injunctions—a focus Kagan said it made no sense for the administration’s ultimate goal of ending birthright citizenship.

“Let’s assume that you lose in the lower courts pretty uniformly, as you have been losing on this issue, and that you never take this question to us,” she said. “I mean, I noticed that you didn’t take the substantive question to us. You only took the nationwide injunction question to us... You’re losing a bunch of cases.”

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[–] logos@sh.itjust.works 25 points 6 days ago

She doesn’t get that challenging the courts authority is the whole plan. It’s step 4.