Birthright Citizenship Battle
Trump Seeks Rare Supreme Court Rehearing After Birthright Citizenship Ruling Upheld
Key Points
Rehearing a decided Supreme Court case is extraordinarily rare; the last time the court granted a rehearing was around six decades ago.
Trump asserted that birth tourism is a growing scam, citing 'billboards' advertising birthright citizenship with 'Deliveries starting at $4000' as part of his argument against the ruling.
Justice Brett Kavanaugh wrote separately asserting that Trump’s executive order violates federal law.
The case at issue is Trump v. Barbara, with the Supreme Court’s 6-3 decision upholding birthright citizenship under the 14th Amendment.
President Donald Trump announced he will ask the Supreme Court to rehear a case on birthright citizenship, just days after a 6-3 ruling struck down his executive order to restrict it. Trump called the decision a "miscarriage of justice" and posted on Truth Social that "American citizenship is not for sale," according to The New York Times.
The move is considered a long shot. The Supreme Court has not granted a rehearing in roughly six decades, Seattle Times reported. Trump has 25 days to file the petition. Even if granted, Congress would need to pass new legislation — a steep political climb.
6-3 Ruling Blocks Trump's Birthright Order
The Supreme Court ruled 6-3 to uphold birthright citizenship under the 14th Amendment. The case is known as Trump v. Barbara. Trump's executive order, signed early in his second term, sought to deny citizenship to children born in the U.S. to parents who are in the country illegally or on temporary visas.
Justice Brett Kavanaugh wrote separately to make clear that Trump's executive order violates federal law. The three dissenting justices — including Clarence Thomas and Samuel Alito — criticized the majority, signaling deep ideological splits on immigration that are likely to continue, according to Freedom 96.9.
Trump Calls Birthright Tourism a '$4,000 Scam'
Trump argued that birthright citizenship is being exploited for profit. He pointed to what he called billboards advertising U.S. birth services with prices "starting at $4,000." He called birth tourism a "growing scam" and said it should not be allowed to continue under the law, according to Nepal News.
Civil rights groups pushed back strongly. They welcomed the 6-3 ruling and called Trump's characterization misleading. They argue that birthright citizenship is a constitutional right, guaranteed by the 14th Amendment, and cannot be stripped by executive action alone.
Why a Rehearing Is Nearly Impossible to Win
A rehearing petition asks the full court to reconsider a ruling it just made. The Supreme Court almost never agrees. The last time it granted one was around 60 years ago, Blaze Trends reported. Legal experts say Trump's chances are very slim, and the announcement is seen more as a political statement than a legal strategy.
Even if the court agreed to rehear the case — which it almost certainly will not — Congress would still need to pass a law changing how birthright citizenship works. That path faces major political hurdles in the Senate, where Democrats can use the filibuster to block it.
What Comes Next in the Birthright Battle
Trump's team must file the rehearing petition within 25 days of the ruling. The New York Times noted that the administration has not yet outlined a detailed legal strategy beyond the petition. The White House has framed the court's ruling as an overreach and says it will keep fighting.
The fight over birthright citizenship is far from over politically. It remains a central issue for Trump's base and his broader immigration agenda. But barring a dramatic legal reversal or a new act of Congress, the 14th Amendment's guarantee of citizenship for U.S.-born children stands intact for now.
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