President Donald Trump announced on 8 July that he will ask the US Supreme Court to rehear the case that struck down his executive order restricting birthright citizenship, a procedure the court has not granted after a fully argued case in decades. The move follows the court’s 30 June ruling that the 14th Amendment guarantees citizenship to all persons born on US soil, regardless of their parents’ immigration status. Trump, in posts on his Truth Social platform, called the decision a “miscarriage of justice” and warned it would “destroy America” if left unchanged. He also alleged that billboards near the Mexican border advertise birthright citizenship for $4,000, declaring that “American citizenship is not for sale.”

The Supreme Court’s 6-3 majority, led by Chief Justice John Roberts, held that the Citizenship Clause extends to children of parents who are unlawfully or temporarily present. The majority opinion, according to court documents cited in multiple reports, stated that the framers intended to grant citizenship to “every free-born person in this land.” Three justices dissented. Trump, in his social media posts, argued that the provision was meant only for the children of former slaves, not for wealthy foreign nationals. According to a report by the Russian state news agency Sputnik, Trump also described the ruling as a “victory” for China, linking the decision to broader national security concerns.

The rehearing request is procedurally permitted under Supreme Court rules, which allow a losing party to petition within 25 days of a ruling. However, the court has not granted a rehearing after a fully argued case in decades; the last such instance was approximately 60 years ago. A majority of the nine justices would need to vote to reopen the case. Legal analysts in Washington note that the court’s composition and the clear constitutional language make a reversal highly improbable. If the petition is denied, the June ruling stands as binding precedent, and birthright citizenship remains constitutionally protected. Trump has also urged Congress to pass legislation or a constitutional amendment to end the practice, though such measures would face significant legislative hurdles.

The 14th Amendment was ratified in 1868 to overturn the Supreme Court’s 1857 Dred Scott decision and guarantee citizenship to African Americans. The Supreme Court reaffirmed its birthright citizenship interpretation in the 1898 case United States v. Wong Kim Ark. Trump’s executive order, signed on his first day back in office in January 2025, sought to deny citizenship to children born to undocumented immigrants and temporary visitors unless the father was a US citizen or permanent resident. The order was immediately challenged by multiple states and civil rights groups, leading to a preliminary ruling on 27 June 2025 that allowed a patchwork of enforcement across states before the final constitutional ruling on 30 June. Trump’s legal team is expected to file the rehearing petition within the coming days. The Supreme Court will then decide whether to place the request on its docket, a decision that will test the boundaries of presidential pressure on the judiciary.