The deadline for President Donald Trump to ask the Supreme Court to reconsider its rejection of his birthright citizenship restrictions passed on Tuesday with no new filing on the docket. The 25-day window for a rehearing petition closed without action, despite Trump's earlier vow to seek one.
Core Facts & Immediate Action
The Supreme Court ruled 6-3 on June 30 that Trump's executive order restricting birthright citizenship violated the 14th Amendment. The order would have denied automatic citizenship to children born in the U.S. to parents who are in the country illegally or temporarily. Three justices—Samuel Alito, Neil Gorsuch, and Clarence Thomas—would have upheld the restrictions, while Brett Kavanaugh found the Constitution wouldn't block the plan but that it violated federal law.
Deeper Dive & Context
Legal Hurdles for Rehearing
The Supreme Court has not agreed to rehear an argued case in over 50 years, with the last reversal occurring in 1956. A petition would require at least one justice who ruled against Trump to change their mind and a majority of the court to agree. Legal experts, including Aaron-Andrew Bruhl of William & Mary Law School, note the bar for such petitions is exceptionally high.
Policy Implications
Trump's proposal sought to limit birthright citizenship to those with at least one parent who is a U.S. citizen or permanent resident. The 14th Amendment, however, states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." The ruling reinforced this interpretation, blocking the policy nationwide.
Political & Legal Reactions
Trump had promised to seek a rehearing immediately after the decision, calling it a "miscarriage of justice." Neither the White House nor the Justice Department responded to requests for comment on the missed deadline. The case was one of several Trump policies blocked by the Supreme Court in recent months.
Long-Term Implications
The decision solidifies the legal framework around birthright citizenship, but the debate over immigration policy remains a contentious issue. The missed deadline effectively ends Trump's immediate legal challenge, though the broader political and legal discussions are likely to continue.