President Trump wants another shot at a Supreme Court loss that legal experts say is almost certainly final. The president said Wednesday he'll seek a rehearing after the high court last week invalidated his order limiting automatic US citizenship for children born on American soil. Trump's directive had required at least one parent to be a citizen or lawful permanent resident for a newborn to qualify—an approach the court said conflicts with the 14th Amendment.
- "Signs and Billboards are being put up all over our Southern Border, and Mexico, advertising BIRTHRIGHT CITIZENSHIP," Trump claimed in a Truth Social post.
- "AMERICAN CITIZENSHIP IS NOT FOR SALE! In fact, that is a crime, and therefore, the Supreme Court's ruling is wrong," Trump wrote. "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."
In a 5-4 ruling last week, Chief Justice John Roberts joined Justice Amy Coney Barrett and the court's three liberal justices in affirming that nearly all children born in the US are citizens. "Citizenship, then and now, was the right to have rights," Roberts wrote, saying the 14th Amendment's framers extended that to "every free-born person in this land." Justice Brett Kavanaugh disagreed on the constitutional question but still voted to block Trump's policy under federal statute. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, with Alito calling the decision a "serious mistake."
Trump's push faces steep odds: the court hasn't granted a full rehearing of a decided case since 1956, according to Georgetown University Law Center professor Steve Vladeck. Under court rules, losing parties can apply for rehearings within 25 days, but rehearings aren't granted simply because one side disagrees with the outcome. "The court essentially never grants those motions," Washington University law professor Daniel Epps tells CNN. "It only would do so in a case where a party could bring to the court something material, like a critical fact, that the justices were unaware of."
- Trump has already applied for a rehearing of the court's decision not to grant an appeal of the $5 million verdict in the E. Jean Carroll case. "I think what's happening is that Trump is very mad about the decisions and he is going to order the solicitor general's office to take all possible measures but there is no hope of success here," Epps says
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