Trump will ask Supreme Court to rehear birthright citizenship case after 6-3 loss
President Donald Trump announced he will request the U.S. Supreme Court rehear its recent ruling upholding birthright citizenship, calling the decision "insane."
The 14th Amendment and birthright citizenship
The United States has granted citizenship to everyone born on its soil since 1868, when the 14th Amendment was ratified. The provision states that all persons born or naturalized in the U.S. and subject to its jurisdiction are citizens. Trump sought to narrow that guarantee through an executive order, arguing that children of undocumented immigrants and some temporary visitors were not "subject to the jurisdiction thereof" and thus not entitled to automatic citizenship.
The Supreme Court ruling
On June 30, the Supreme Court rejected Trump's order in a 6-3 decision. Chief Justice John Roberts wrote that children born in the U.S. "to parents unlawfully or temporarily present" are "citizens at birth" under the Constitution. Justice Brett Kavanaugh, in a separate opinion, said the order also violated federal law. The ruling was a setback for the president's immigration agenda and was welcomed by civil rights groups.
Trump demands a rehearing
On Wednesday, Trump said he would "immediately" ask the court to rehear the case. In a social media post, he attacked the decision.
This miscarriage of justice will destroy America if they don't change their absolutely insane decision.
The court's rules allow the losing party to file for a rehearing within 25 days of the ruling, but such requests are rarely granted. The last time a decided case was reheard was approximately 60 years ago. A majority of the nine justices must agree to reopen the case.
Legislative path also eyed
After the ruling, Trump vowed to continue fighting to end birthright citizenship through legislation, which would require passage through Congress. The White House has not detailed any draft bill or timeline, and any such measure would face steep Democratic opposition.
