Trump's Bid for Rehearing on Birthright Citizenship Fails as Deadline Passes

July 29, 2026
Trump's Bid for Rehearing on Birthright Citizenship Fails as Deadline Passes
  • The deadline for the administration to seek a rehearing of the birthright citizenship ruling has passed without any new filing.

  • In June the Supreme Court denied President Trump’s executive order to deny automatic citizenship to children born in the U.S. to parents in the country illegally or temporarily, effectively preserving birthright citizenship as defined by the 14th Amendment.

  • The petition for rehearing is unlikely to succeed, as the court has not granted a rehearing in more than 50 years for an argued case, and it would require at least one justice who sided with Trump to change position plus a majority to agree.

  • About a week after the decision, Trump stated on social media his intent to seek a rehearing, but no formal petition was filed.

  • Context includes several lower courts blocking the birthright citizenship restrictions, meaning they did not take effect anywhere in the U.S.

  • Three justices—Samuel Alito, Neil Gorsuch, and Clarence Thomas—would have upheld the administration’s restrictions, while Justice Brett Kavanaugh believed the plan could violate federal law and would not be blocked by the Constitution.

  • The Supreme Court’s June decision was 6-3 in favor of upholding the restrictions, with Alito, Gorsuch, and Thomas in the majority; Chief Justice Roberts and Justices Breyer, Sotomayor, and Kagan dissented or had differing views.

  • Three justices would have upheld the president’s restrictions (Alito, Gorsuch, Thomas) and a fourth (Kavanaugh) found the Constitution wouldn’t block the plan but it violated federal law, signaling mixed views within the Court.

  • The White House and Justice Department did not respond to requests for comment, and analysts note the rarity of Supreme Court rehearings and reversals as this decision stands.

  • The Court had previously rejected Trump’s attempt to deny automatic citizenship in this context.

Summary based on 6 sources


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