WASHINGTON — President Trump announced Wednesday that he will ask the Supreme Court to rehear the birthright citizenship case after it ruled against him last month.
The high court quashed Trump’s day-one executive order to end automatic birthright citizenship for the children of illegal immigrants and birth tourists, ruling that it violated the Constitution.
“Signs and Billboards are being put up all over our Southern Border, and Mexico, advertising BIRTHRIGHT CITIZENSHIP with ‘Deliveries starting at $4000.’” Trump fumed on Truth Social Wednesday.
“Not sustainable. NOBODY SAW THIS COMING!!!” he added. “AMERICAN CITIZENSHIP IS NOT FOR SALE! In fact, that is a crime, and therefore, the Supreme Court’s ruling is wrong. I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY.”
It is very rare for the Supreme Court to rehear cases.
The last time the justices opted to rehear a case they previously decided was in 1965, and that was to address a technical issue, not to issue a full reversal.
The Supreme Court has only reversed a merits ruling once, in 1956’s Reid v. Covert. In that case, the justices initially ruled that American civilians accused of crimes on overseas US military bases could be tried via court-martial before finding the following year that they could not.
The high court has overturned its precedents numerous times, but those typically occur in different cases argued decades later.
Most famously, the 1954 Brown v. Board of Education ruling outlawing school segregation in America struck down 1896’s Plessy v. Ferguson, which allowed the maintenance of “separate but equal” facilities for members of different races.
In 2022, the justices overturned the court’s 1973 Roe v. Wade decision guaranteeing the right to an abortion nationwide, returning the issue to individual states in Dobbs v. Jackson Women’s Health.
The court ruled 5-4 on June 30 that children of “parents unlawfully or temporarily present” in the US automatically become citizens in keeping with the 14th Amendment.
After the decision came down, Trump suggested that Congress could pass a law to end birthright citizenship for the children of illegal immigrants and birth tourists. However, most legal experts say that a new constitutional amendment would be the only way to head off additional legal challenges.
“This miscarriage of justice will destroy America if they don’t change their absolutely insane decision,” Trump raged on Truth Social Wednesday.
Separately, the president’s legal team has pushed the Supreme Court to reconsider its denial of his appeal against an order that he pay longtime advice columnist E. Jean Carroll $5.3 million in a defamation suit.
