Trump seeks Supreme Court rehearing after major birthright citizenship setback

In Trump v Barbara, the Court ruled that children born in the US to unlawful or temporary residents were citizens at birth
President Donald Trump said he would ask the Supreme Court to rehear his challenge over the legality of his birthright citizenship order (Kevin Dietsch/Getty Images)
President Donald Trump said he would ask the Supreme Court to rehear his challenge over the legality of his birthright citizenship order (Kevin Dietsch/Getty Images)

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.



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.

MATAMOROS, MEXICO - FEBRUARY 23: Mexican deportees walk across the U.S.-Mexico border bridge while b
Mexican deportees walk across the US-Mexico border bridge while being released by US immigration authorities into Mexico on February 23, 2021, in Matamoros, Mexico (John Moore/Getty Images)

“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.

WASHINGTON, DC - SEPTEMBER 04:  Supreme Court nominee Judge Brett Kavanaugh appears before the Senat
Brett Kavanaugh appears before the Senate Judiciary Committee on Capitol Hill September 4, 2018, in Washington, DC (Drew Angerer/Getty Images)

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.

WASHINGTON, DC - SEPTEMBER 02: The U.S. Supreme Court is seen on September 02, 2021 in Washington, D
The US Supreme Court upheld birthright citizenship, ruling Trump's citizenship restrictions were illegal (Getty Images)

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.

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