Justice Kagan blasted U.S. Solicitor General John Sauer on the birthright citizenship executive order— which she noted has yet to succeed in any federal court, including cases heard by Trump-appointed judges.

Eight justices—the exception being Ketanji Brown Jackson—seem keen to rein in universal injunctions. But a majority also appear committed to averting Mr Trump’s radical departure from the constitution’s promise of citizenship. The justices could thread that needle in three ways.

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