Originally posted by Maximus
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The dissent worries that the Citizenship Clause challenge will never reach this Court, because if the plaintiffs continue to prevail, they will have no reason to petition for certiorari. And if the Government keeps losing, it will “ha[ve] no incentive to file a petition here . . . because the outcome of such an appeal would be preordained.” Post, at 42 (opinion of SOTOMAYOR, J.). But at oral argument, the Solicitor General acknowledged that challenges to the Executive Order are pending in multiple circuits, Tr. of Oral Arg. 50, and when asked directly “When you lose one of those, do you intend to seek cert?”, the Solicitor General responded, “yes, absolutely.” Ibid. And while the dissent speculates that the Government would disregard an unfavorable opinion from this Court, the Solicitor General represented that the Government will respect both the judgments and the opinions of this Court. See id., at 62–63.
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