The Trump administration did not use the opportunity to request a rehearing of the birthright citizenship order that was struck down as unconstitutional by the US Supreme Court in June. The 25-day legal deadline set by the court for the application expired on Monday, July 28.
The Supreme Court had invalidated the order signed by Trump in June by a 6-3 vote. The ruling emphasized that the provision blocking automatic citizenship for children born in the US to parents who are undocumented or have temporary status was contrary to federal law.
A week after the ruling was announced, Trump declared on social media that he would "immediately request a rehearing from the Supreme Court." However, the White House did not file any application despite the deadline passing.
Legal experts say the chances of such an application being accepted are extremely low. Professor Aaron-Andrew Bruhl of William & Mary Law School stated that the Supreme Court has not reconsidered any case it previously decided in the last 50 years. Bruhl noted that for a rehearing, at least one dissenting justice would need to change their mind and the majority would also have to approve the request.
In the June ruling, conservative justices Samuel Alito, Neil Gorsuch, and Clarence Thomas viewed the restrictions as constitutionally permissible, while Brett Kavanaugh argued that the plan was not unconstitutional but conflicted with federal law. The birthright citizenship debate, which Trump frequently raised during his term, had previously been blocked by lower courts and never took effect in any state.
