'Every court has ruled against you': Supreme Court Justice Elena Kagan spars with U.S. Solicitor General John Sauer in birthright citizenship case' 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. NEW You can now listen to Fox News articles! FIRST ON FOX: Justice Elena Kagan’s frustrations boiled over in the aftermath of the Dobbs