During oral arguments in a significant citizenship case concerning Trump's executive order on birthright citizenship, Justice Kagan critically challenged Solicitor General John Sauer's stance. In the tense exchange, Kagan questioned what would prevent the government from losing consistently in lower courts without appealing to the Supreme Court. Justice Gorsuch interjected humorously, noting Kagan's insightful questioning. The case, which includes Trump v. CASA, Trump v. Washington, and Trump v. New Jersey, questions the legality of ending birthright citizenship. The justices' interactions reveal the complexities of the arguments presented.
After a few minutes of this, Gorsuch quipped, "Well, Justice Kagan asked my questions better than I could have," highlighting the dynamic during the arguments.
Iâm suggesting that in a case in which the government is losing constantly, thereâs nobody else whoâs going to appeal. Theyâre winning,
Itâs up to you to decide whether to take this case to us. If I were in your shoes, there is no way Iâd approach the Supreme Court with this case.
Sauer affirmed that the government could continue to lose in lower courts without presenting the case to the Supreme Court.
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