Trump Goes After Birthright Citizenship Ruling

President Donald Trump announced Wednesday that he plans to ask the Supreme Court to reconsider its recent decision blocking his executive order aimed at limiting birthright citizenship. Trump criticized the ruling and said he would immediately seek a rehearing, arguing that the decision could have major consequences for the country.

“I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY,” Trump wrote in a Truth Social post, calling the court’s decision a “miscarriage of justice.” His comments came after the Supreme Court rejected his policy, which sought to prevent automatic citizenship for some children born in the United States unless at least one parent was a U.S. citizen or lawful permanent resident.

The Supreme Court issued its decision during the final days of its term, ruling that the 14th Amendment protects citizenship rights for nearly all people born on U.S. soil. Chief Justice John Roberts joined conservative Justice Amy Coney Barrett and liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson in the majority opinion.

Roberts wrote that birthright citizenship has long represented a fundamental right tied to participation in the nation’s political community. The ruling stated that the protections of the 14th Amendment extend broadly to those born in the United States.

Justice Brett Kavanaugh disagreed with the majority’s interpretation of the constitutional issue but still voted to block Trump’s order, citing federal law that reflects similar language. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, with Alito arguing that the court’s decision to preserve birthright citizenship protections was a significant mistake.

Although parties who lose before the Supreme Court can request a rehearing, such requests are rarely granted. Legal experts have noted that the court has historically been unlikely to revisit decisions after issuing a final ruling, with rehearing petitions more often affecting the timing of cases returning to lower courts rather than changing the outcome.

Federal law generally requires a request for rehearing to be filed within 25 days after a Supreme Court decision is entered, unless the court or a justice changes that deadline. The next step will depend on whether the justices agree to consider Trump’s request, a move that would require the court to revisit a major constitutional issue.