Justice Elena Kagan
Appearances
The Daily
Birthright Citizenship Reaches The Supreme Court
So, you know, let's say that we're an individual person even, let's say it wasn't a class, and goes up and gets a ruling from the Second Circuit that the EO is illegal. Does the government commit to not applying its EO in the entire Second Circuit?
The Daily
Birthright Citizenship Reaches The Supreme Court
I mean, why would you take the substantive question to us? You're losing a bunch of cases. This guy over here, this woman over here, you know, they'll have to be treated as citizens, but nobody else will. Why would you ever take this case to us?
The Daily
Birthright Citizenship Reaches The Supreme Court
The real brunt of my question is in a case like this, the government has no incentive to bring this case to the Supreme Court because it's not really losing anything. It's losing a lot of individual cases which still allow it to enforce its CEO against the vast majority of people to whom it applies.