Trump seeks Supreme Court rehearing after major birthright citizenship setback
WASHINGTON, DC: Days after a major judicial setback on one of his priority policy revamps, President Donald Trump vowed to seek another Supreme Court hearing on birthright citizenship.
In a landmark ruling on Tuesday, June 30, the US Supreme Court upheld the right to citizenship for people born in the United States, arguing that Trump’s citizenship restrictions were illegal.
President Trump has indicated that the United States will seek rehearing of the Supreme Court's ruling on birthright citizenship.
— SCOTUS Wire (@scotus_wire) July 8, 2026
Rule 44 allows 25 days to seek rehearing. It requires the support of at least one Justice from the majority, and is rarely granted. https://t.co/QO3GoDjZxW pic.twitter.com/fHfv0vWjWn
Trump seeks rehearing of birthright citizenship
President Trump, on Wednesday, July 8, said that he will ask the Supreme Court to rehear a case on the legality of his executive order restricting birthright citizenship.
“I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY. This miscarriage of justice will destroy America if they don’t change their absolutely insane decision,” Trump wrote on Truth Social, referring to the ruling.
In his post, Trump affirmed that American citizenship isn't for sale, claiming that there has been a rise in advertisements of birthright citizenship.
“Signs and Billboards are being put up all over our Southern Border, and Mexico, advertising BIRTHRIGHT CITIZENSHIP, with 'Deliveries starting at $4000'. Likewise, similar signs going up all over our Country,” Trump continued, expressing concern over immoral use of the provision.
“NOBODY SAW THIS COMING!!! AMERICAN CITIZENSHIP IS NOT FOR SALE! In fact, that is a crime, and therefore, the Supreme Court’s ruling is wrong,” he added.
The Supreme Court upholds birthright citizenship
Chief Justice John Roberts, joined by all three liberal justices and Justice Amy Coney Barrett, wrote in favor of a long-standing constitutional principle for children born to many immigrants.
The bench observed that the 14th Amendment guarantees automatic citizenship for nearly all children born on US soil, even those born to parents in the country unlawfully.
A sixth justice, Justice Brett Kavanaugh, disagreed but voted to block Trump’s order under federal law.
“Children born in the United States to parents unlawfully or temporarily present are ‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause,” the ruling on June 30 said. The case is known as Trump v Barbara.
3 judges say court made a mistake
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented. In his 39-page dissent, Alito wrote the court “made a serious mistake” in upholding birthright citizenship.
While losing parties can ask the high court to rehear cases, the justices rarely grant the request.
