Trump hasn’t asked the Supreme Court to rehear birthright citizenship case despite his vow
WASHINGTON — President Donald Trump doesn’t appear to have followed through on his vow to launch a long-shot effort to convince the Supreme Court to reconsider its recent ruling on birthright citizenship.
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The 25-day window for filing a petition for the court to re-hear the case closed on Monday night, with the docket showing that nothing has been submitted.
“I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY,” Trump said in a July 8 post on Truth Social. “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 multiple requests for comment.
The Supreme Court on June 30 ruled 6-3 that Trump could not move forward with his proposal to limit birthright citizenship, with five justices saying it fell foul of the citizenship clause of the Constitution’s 14th Amendment.
It was one of several signature Trump policies that Supreme Court has blocked in recent months.
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Although Supreme Court rules allow losing parties to seek rehearing within 25 days of a ruling, such petitions are hardly ever granted.
The last time was in 1965, according to Steve Vladeck, a professor at Georgetown University’s law school.
Under Trump’s proposal, birthright citizenship would have been limited to those with at least one parent who is a U.S. citizen or permanent resident. Babies born to temporary visitors or people who entered the country illegally would not be citizens at birth.
But 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.”
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