The Supreme Court just agreed to hear a case challenging birthright citizenship, aka the Trump administration’s attempt to write a major portion of the 14th Amendment out of existence—and even if the bad guys don’t prevail here, all of this feels very not great.

Thus far in President Donald Trump’s second term, nearly every time the administration has lost big at a lower court, it has solved that problem by running to the Supreme Court. And why not? It’s been a super-successful approach thus far.

Since Trump took office on Jan. 20, 2025, there have been 23 shadow docket decisions in which the court grants or denies emergency relief while lower court litigation is still pending. The administration has prevailed, at least partially, in 20 of those, losing only three times. In seven of thos

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