Supreme Court deadline passes without Trump administration filing for rehearing on birthright citizenship
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The 25-day window for the Trump administration to request a rehearing of the Supreme Court's June decision striking down its birthright citizenship order expired on Tuesday with no petition filed.
The deadline for the Trump administration to petition the Supreme Court for a rehearing of its June 2023 decision that struck down an executive order restricting birthright citizenship elapsed on Tuesday, and no new filing was made. The order, which would have denied automatic citizenship to children born in the United States to parents who were in the country illegally or temporarily, had already been blocked by lower courts and never took effect.
The high court voted 6-3 to overturn the policy, with justices Samuel Alito, Neil Gorsuch and Clarence Thomas indicating they would have upheld it, while Justice Brett Kavanaugh said the Constitution did not bar the plan but it conflicted with federal law. A petition for rehearing faces steep odds; the Court has not agreed to rehear an argued case in more than five decades.
"The bar to grant a petition for rehearing is high. It would require at least one justice who ruled against the administration to change their mind and a majority of the court to agree," said Aaron-Andrew Bruhl, a professor at William & Mary Law School.
The White House and Justice Department did not respond to requests for comment. Legal scholars note that the last time the Supreme Court granted a petition to change an opinion was in 1965, and the last reversal occurred in 1956.