Trump Seeks Supreme Court Rehearing on Birthright Citizenship—July 9, 2026

President Donald Trump said on Wednesday he will ask the US Supreme Court to rehear its June 30 decision affirming birthright citizenship. The court ruled 6–3 that children born in the US to parents who are unlawfully or temporarily present are citizens at birth under the Fourteenth Amendment, rejecting Trump’s January 2025 executive order that sought to deny citizenship to babies born to undocumented immigrants and some temporary visitors.

What Trump’s executive order attempted

Trump signed the order on January 20, 2025, stating that 30 days after its effective date, babies born in the US would not be issued citizenship documents if their parents had immigrated illegally or were undocumented workers. The order argued that such children were not “subject to the jurisdiction thereof” under the Fourteenth Amendment and thus ineligible for birthright citizenship. Chief Justice John Roberts and five other justices rejected this argument, finding it violated the Constitution.

Why a Supreme Court rehearing is extremely unlikely

The Supreme Court allows losing parties to file a request for rehearing within 25 days, but the court has rarely granted one. The last time the court reheard a decided case was some 60 years ago, according to Georgetown University Law Professor Steven Vladeck. A majority of the nine-member court must approve any rehearing request. Trump’s chances of success appear minimal.

Congress may face pressure to act through legislation

After the ruling, Trump vowed to pursue legislation through Congress to restrict birthright citizenship. However, GOP lawmakers and immigration experts warn that passing such legislation would be extremely difficult. Mark Krikorian, executive director of the Center for Immigration Studies, predicted GOP leaders will push bills as political messaging before midterm elections, but acknowledged “I don’t think anything’s going to actually reach the president’s desk.” Public opinion polls consistently show strong public support for birthright citizenship, and a constitutional amendment would likely be required to change the practice.

What the June 30 ruling established

The Supreme Court’s 6–3 decision reaffirmed the constitutional right to birthright citizenship, which has been in place since 1868 under the Fourteenth Amendment. Justice Brett Kavanaugh wrote separately that Trump’s order violated federal law. The ruling was welcomed by civil rights groups and medical associations, which warned that denying citizenship to newborns would create barriers to health coverage, increase uncompensated care, and discourage families from seeking timely medical treatment.

Final Thoughts

Trump’s bid for a Supreme Court rehearing faces near-zero odds given the court’s 60-year history of denying such requests. His path forward likely runs through Congress, where Republican divisions and public opposition make passage of restrictive legislation highly unlikely before the midterm elections.

FAQs

Disclaimer:

The content shared by Meyka AI PTY LTD is solely for research and informational purposes.  Meyka is not a financial advisory service, and the information provided should not be considered investment or trading advice.