WASHINGTON — Former President Donald Trump has not followed through on his July 8 promise to ask the United States Supreme Court for a rehearing of its recent decision on birthright citizenship. The 25-day window to file such a petition closed on Monday night, with court records showing no submission.
Trump had stated on Truth Social, “I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY. This miscarriage of justice will destroy America if they don’t change their absolutely insane decision.” Neither the White House nor the Justice Department responded to requests for comment.
On June 30, the Supreme Court ruled 6-3 against Trump’s proposal to limit birthright citizenship, with five justices citing the citizenship clause of the 14th Amendment as the basis for their decision. This ruling blocked one of several key Trump policies in recent months.
Under Trump’s plan, birthright citizenship would be restricted to children born in the U.S. to at least one parent who is a U.S. citizen or permanent resident. However, the 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
While Supreme Court rules permit losing parties to seek rehearing within 25 days, such petitions are rarely granted. According to Steve Vladeck, a law professor at Georgetown University, the last successful rehearing was in 1965.
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