The Trump administration let the clock run out on its chance to ask the Supreme Court to reconsider a ruling that blocked the president's executive order ending birthright citizenship. The 25-day window to petition for a rehearing closed Tuesday without any filing from the Department of Justice, according to court records.
President Trump had vowed to seek immediate review after the Court's 5-4 decision on July 9, writing on Truth Social that the ruling was a “miscarriage of justice” that would “destroy America.” But the deadline came and went without action from the DOJ, leaving the order dead for now.
The Supreme Court has not granted a rehearing in any case since 1956, making the odds of success long even if the administration had filed. Legal experts note that the Court rarely revisits its own decisions, and the lack of a filing effectively ends the judicial path for Trump's birthright citizenship order.
Instead of pressing the Supreme Court, Republican lawmakers are now trying to accomplish the same goal through legislation. Justice Brett Kavanaugh, who wrote a concurring opinion in the case, suggested that Trump's order did not violate the Constitution but was illegal under current federal statutes. That opened the door for Congress to change the law.
Freshman Rep. John McGuire III (R-Va.) introduced a bill on July 9 to amend Section 301(a) of the Immigration and Nationality Act, which grants citizenship to anyone born in the United States and subject to its jurisdiction. McGuire's proposal would tighten the definition of who qualifies, effectively codifying Trump's executive order into law.
Sen. Jim Banks (R-Ind.) followed on July 13 with his own bill, the Citizenship Act, which would similarly restrict birthright citizenship. In a statement, Banks called the Supreme Court's decision “an unprecedented assault on American sovereignty” and vowed to “do whatever it takes to save our country.” He added that the legislation would ensure “millions of illegal aliens that invaded our country can't continue to exploit our immigration system.”
The push for legislation comes as Trump's approval ratings have taken a hit, with a new Economist/YouGov poll showing his approval sinking to a new low amid growing public discontent over his handling of the economy and immigration. The poll, released this week, found that 73% of voters believe Trump is ignoring the country's most pressing problems.
Critics of the birthright citizenship order argue that it violates the 14th Amendment, which guarantees citizenship to all persons born in the United States. The Supreme Court's ruling, while blocking Trump's order, did not settle the constitutional question, leaving the issue open for future legal challenges if Congress passes new legislation.
For now, the administration's failure to seek rehearing marks a significant setback for Trump's immigration agenda. The White House has not commented on the missed deadline, but the president's focus has shifted to other battles, including his ongoing feud with Dr. Anthony Fauci ahead of a Senate hearing and rising tensions with Iran after a missile attack on a U.S. base in Jordan.
