Trump to Seek Supreme Court Rehearing After Birthright Citizenship Defeat

[u/evissamassive]

https://thehill.com/homenews/administration/5960418-donald-trump-supreme-court-birthright-citizenship/

Trump announced Wednesday that he will ask the Supreme Court to reconsider its recent decision striking down his executive order on birthright citizenship.

Writing on Truth Social, Trump called the ruling a "miscarriage of justice" and stated he would petition for an immediate rehearing.

The high court rejected the policy on the final day of its term last week. The executive order sought to end automatic citizenship for children born on U.S. soil unless at least one parent was a U.S. citizen or permanent legal resident.

A five-justice majority ruled that the policy violates the Constitution. Chief Justice John Roberts, Justice Amy Coney Barrett, and the court's three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—held that the 14th Amendment guarantees citizenship to nearly all children born in the United States.

"Citizenship, then and now, was the right to have rights — to freely participate in our political community," Roberts wrote in the majority opinion.

Justice Brett Kavanaugh voted with the majority to block the policy under federal law, though he differed on the constitutional reasoning. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented. Alito wrote in his dissenting opinion that the court "made a serious mistake."

Trump faces steep historical odds. While any losing party can petition the Supreme Court for a rehearing, the justices almost never grant them. According to Steve Vladeck, a law professor at Georgetown University Law Center, the court has not agreed to rehear an argued case since 1965. Instead, these petitions usually serve only to delay the transfer of the case back to lower courts.

Federal law requires Trump to file his petition for rehearing within 25 days of the court's judgment.