Trump to ask Supreme Court to rehear birthright citizenship case

Joey Garrison, USA TODAYWed, July 8, 2026 at 10:35 PM UTC

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WASHINGTON – President Donald Trump said he plans to ask the Supreme Court to rehear the recently decided birthright citizenship case after the Supreme Court ruled against his efforts to undo the long-standing principle that all individuals born in the U.S. are American citizens.

"This miscarriage of justice will destroy America if they don’t change their absolutely insane decision," Trump said in a post on Truth Social, writing that he plans to ask for the rehearing "IMMEDIATELY."

Under the Supreme Court's rules, parties in a case have 25 days to petition for a rehearing to challenge a judgement or decision based on the merits; however, such rehearings have rarely been granted.

More: Mike Johnson's birthright citizenship threat, explained

The Supreme Court's 6-3 decision on June 30 blocked a 2025 executive order Trump issued that sought to prevent children of immigrants in the country without authorization from automatically becoming U.S. citizens because they were born on American soil.

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Writing for the majority, Chief Justice John Roberts said children born to parents who are unlawfully or temporarily in the United States satisfy the citizenship clause of the 14th Amendment, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

The decision marked a major blow to Trump's hardline immigration agenda centered on large-scale deportations of immigrants in the country unlawfully.

Trump quickly called on Congress to take legislative action to prohibit birthright citizenship. But because a majority of justices found that birthright citizenship is constitutionally protected under the 14th Amendment, prohibiting the policy would seemingly require amending the Constitution, which would need support from two-thirds of both chambers of Congress and three-fourths of the nation's state legislatures.

House Speaker Mike Johnson said he supports a legislative effort to curtail birthright citizenship in the wake of the court's ruling but did not say what a bill would look like. "If there is a bill that can fix that, we’ll advance that immediately,” Johnson said in a July 5 interview on Fox News.

Reach Joey Garrison on X @joeygarrison.

This article originally appeared on USA TODAY: Trump to ask Supreme Court to rehear birthright citizenship case

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