WASHINGTON (Diya TV) — President Donald Trump said Wednesday he will ask the Supreme Court to rehear its ruling striking down his executive order restricting birthright citizenship, an unusual procedural move that legal experts say faces long odds.
“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,” Trump wrote on Truth Social.
The Supreme Court ruled 6-3 last month that Trump’s executive order, which required at least one parent to hold citizenship or permanent legal status for a child born in the U.S. to automatically receive citizenship, violated the 14th Amendment’s guarantee of citizenship to those born in the country and “subject to the jurisdiction thereof.” Chief Justice John Roberts wrote the majority opinion, joined by Justice Amy Coney Barrett and liberal Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented; Alito wrote in a 39-page dissent that the court “made a serious mistake.”
Trump signed the executive order on his first day back in office in January 2025 as part of a broader immigration crackdown.
Under Supreme Court Rule 44, a losing party has 25 days from a ruling to petition for rehearing, and the request requires support from at least one justice who joined the majority. Rehearings of merits rulings are rarely granted. Georgetown Law professor Steve Vladeck has written that the court has not agreed to rehear a ruling in an argued case since 1965 and has not granted a full rehearing since 1956.
Trump’s announcement followed reports of billboards near the U.S.-Mexico border and in parts of Texas advertising birth packages to foreign nationals, with prices starting near $4,000. “Signs and Billboards are being put up all over our Southern Border, and Mexico, advertising BIRTHRIGHT CITIZENSHIP, with ‘Deliveries starting at $4000,'” Trump wrote. “AMERICAN CITIZENSHIP IS NOT FOR SALE! In fact, that is a crime, and therefore, the Supreme Court’s ruling is wrong.”
Texas Gov. Greg Abbott directed the Texas Health and Human Services Commission to investigate birth tourism packages following the billboard reports. One campaign, tied to a South Texas hospital, advertised “birth packages” starting at $3,950 for a natural delivery and $5,525 for a cesarean section; the hospital removed the billboards and an associated website after the advertising drew media attention.
Trump has urged Republicans in Congress to pass legislation restricting birthright citizenship, an effort that faces steep obstacles given public opinion polling showing broad support for the practice and the court majority’s suggestion that a constitutional amendment would be required to change it.
