Former President Donald Trump is pursuing a highly improbable legal strategy, seeking to convince the Supreme Court to rehear its recent decision affirming birthright citizenship under the Fourteenth Amendment. This comes after the court effectively struck down his executive order aimed at restricting citizenship for children of undocumented immigrants.
Watch: Trump on birthright citizenship.
Such rehearings are exceedingly rare, with the Supreme Court not having reversed a decision in an argued case since 1956, underscoring the uphill battle Trump faces in this and another recent petition regarding his civil liability to E. Jean Carroll.
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In a move described as a significant long-shot, former President Donald Trump announced on Wednesday his intention to petition the Supreme Court to reconsider its recent ruling on birthright citizenship. This comes after the high court's June 30 decision affirmed that individuals born in the United States are automatically granted citizenship under the Fourteenth Amendment's Citizenship Clause.
The Supreme Court's ruling effectively blocked an executive order signed by Trump on January 20, 2025, which aimed to severely curtail birthright citizenship for children of undocumented immigrants. His order stipulated that, 30 days after its effective date, babies born in the U.S. would not be eligible for citizenship documents if their parents were illegally present or undocumented workers.
VIDEO: Trump discusses his push for a Supreme Court rehearing on birthright citizenship. (Duration: 1:56)
Legal experts and historical precedent suggest Trump's bid faces formidable odds. The Supreme Court rarely grants rehearings of its decisions, with reports indicating it hasn't agreed to rehear a case already argued since 1965, and the last time it reversed a decision in an argued case was in 1956. Georgetown University Law Professor Steven Vladeck has highlighted the extreme rarity of such actions.
Trump took to Truth Social to voice his strong disapproval of the court's decision, claiming a "SCAM" was underway at the southern border. He wrote, "Signs and Billboards are being put up all over our Southern Border, and Mexico, advertising BIRTHRIGHT CITIZENSHIP, with 'Deliveries starting at $4000.' ... Billions of Dollars will be illegally made by this SCAM, with Citizenship going to anyone willing to pay."
He emphatically declared, "AMERICAN CITIZENSHIP IS NOT FOR SALE! In fact, that is a crime, and therefore, the Supreme Court's ruling is wrong." Trump vowed to "IMMEDIATELY" ask for a rehearing, stating, "This miscarriage of justice will destroy America if they don't change their absolutely insane decision."
This latest legal challenge follows another recent request by Trump to the Supreme Court: to reconsider its June 29 denial of his petition to appeal a New York federal court jury verdict. That verdict found him civilly liable for sexually abusing and defaming writer E. Jean Carroll. Despite Trump's pending petition in the Carroll case, a Manhattan District Court judge on Wednesday ordered that the $5 million he had deposited, plus nearly $800,000 in accrued interest, be disbursed to Carroll.
The highly contentious debate around birthright citizenship has often seen public demonstrations. For example, demonstrators have been seen holding letters forming the slogan "Born in the USA = citizen!" outside the U.S. Supreme Court building during oral arguments related to the Trump administration's efforts to limit birthright citizenship for children of immigrants. (Image credit: Kylie Cooper | Reuters)
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