Trump Says He’ll Ask Supreme Court to Rehear Birthright Citizenship Case

President Trump said Wednesday he will ask the Supreme Court to rehear a case on the legality of his executive order restricting birthright citizenship, after the high court struck down the policy last week.

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On the final day of its term last week, the Supreme Court struck down the president’s executive order — which required a baby born on U.S. soil to have at least one parent with citizenship or permanent legal status to receive automatic citizenship.

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While losing parties can ask the high court to rehear cases, the justices rarely grant the request.

Steve Vladeck, a professor at the Georgetown University Law Center, said in 2024 the high court has not agreed to any rehearing of a ruling in an argued case since 1965 and has not agreed to a plenary rehearing since 1956.

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Under federal law, losing parties must petition for the rehearing of a judgment or decision by the high court within 25 days of its entry, unless the court or a justice shortens or extends that time frame.

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