U.S. Supreme Court Associate Justice Elena Kagan participates in a discussion at the George Washington University Law School on Sept. 13, 2016 in Washington, D.C. (Mark Wilson/Getty Images)
"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 that "This is not a hypothetical – this is happening out there."
President Donald Trump signs an executive order after delivering remarks on reciprocal tariffs during an event in the Rose Garden entitled "Make America Wealthy Again" at the White House in Washington, D.C., on April 2, 2025. (SAUL LOEB/AFP via Getty Images)
The order reinterprets the 14th Amendment to deny automatic U.S. citizenship to children born in the U.S. if their mother is unlawfully present or temporarily in the country, and if their father is neither a U.S. citizen nor a lawful permanent resident at the time of birth. Trump's action remains on hold nationwide pending Supreme Court intervention.
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, 2025, according to a Fox News data analysis.
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
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