Supreme Court Rehearing Deadline Passes Without Trump Administration Action
The Trump administration missed the deadline on Tuesday to request the Supreme Court to revisit its decision rejecting the president’s proposed restrictions on birthright citizenship. Despite President Donald Trump’s initial pledge to seek a rehearing after the court’s ruling on this pivotal issue, no new filings were submitted within the 25-day window.
Revisiting the case would have been a challenging endeavor, as the Supreme Court has not agreed to rehear an argued case in over five decades. In June, the court delivered a 6-3 decision that overturned Trump’s executive order, which sought to deny automatic citizenship to children born in the U.S. to parents who are either illegally or temporarily residing in the country.
Prior to reaching the Supreme Court, several lower courts had already blocked the Republican president’s birthright citizenship restrictions, preventing their implementation anywhere in the nation.
Notably, three justices—Samuel Alito, Neil Gorsuch, and Clarence Thomas—supported upholding the restrictions. Justice Brett Kavanaugh found that while the Constitution did not prohibit the president’s plan, it contravened federal law.
Following the court’s ruling, Trump announced on social media his intention to “be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY.” However, as of the deadline, both the White House and the Justice Department have not provided any comments regarding the matter.
According to Aaron-Andrew Bruhl, a law professor at William & Mary Law School, the Supreme Court last granted a petition to alter an opinion in 1965, and the last reversal of a decision occurred in 1956. For a rehearing petition to be granted, at least one justice from the majority opinion would need to change their stance, and a majority of the court would have to consent to the rehearing.
