Justice Alito pointed out that multiple states have also sued over the birthright citizenship order and won broader victories. The Trump administration is also arguing that states shouldn’t have been able to do that, but Sauer sticks to his point about the nationwide injunctions, saying they yield “all these sort of pathologies.”

The Supreme Court is hearing arguments Thursday in its first case stemming from the blitz of actions that have marked the start of President Donald Trump's second term. Before the court are the Trump administration's emergency appeals of lower court orders putting nationwide holds on the Republican president's push to deny