The Trump administration, contrary to prior indications, has apparently opted not to petition the Supreme Court for a rehearing on its executive order concerning birthright citizenship. The order aimed to discontinue the automatic granting of U.S. citizenship to nearly anyone born on American soil—a practice many regard as enshrined by the 14th Amendment. The order was initially struck down as unconstitutional in June by the Supreme Court, aligning with a federal judge’s decision from New Hampshire in the case of Trump v. Barbara.
Despite a statement on social media by former President Trump on July 8 indicating intent to seek a rehearing, the ultimate deadline—July 27—has passed without any filing. According to Supreme Court rules, petitions for rehearing are subject to stringent guidelines and face substantial challenges for acceptance. Past precedent shows the court hasn’t reconsidered an argued case since 1965, a rarity that underlines the slim chance for a petition to be granted.
The original decision was authored by Chief Justice John Roberts, who concluded Trump’s order conflicted with the citizenship clause of the 14th Amendment. Justice Brett Kavanaugh concurred that the order was invalid, citing violations of federal law similar to the constitutional clause. Meanwhile, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, willing to let the order stand.
For legal professionals and scholars, the failure to pursue this rehearing might signal a tacit acknowledgment of the judicial hurdles entailed. Legal experts have long debated the interpretation and application of birthright citizenship, making this sustained decision profoundly relevant in the broader discourse surrounding constitutional rights and executive power. Additional details are available on SCOTUSblog.