Trump Administration Did Not Seek Rehearing in Birthright Citizenship Case

Why it matters locally: The Supreme Court's decision upholding the 14th Amendment's birthright citizenship clause has significant implications for Texas, a state with a large and growing immigrant population, as it reaffirms federal protections for individuals born within its borders.

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WASHINGTON – The Trump administration did not ask the Supreme Court to reconsider its June 30 decision regarding President Donald Trump’s executive order on birthright citizenship. The deadline for filing a petition for rehearing, July 27, passed without such a request appearing on the court’s electronic docket for the case, *Trump v. Barbara*. Former President Trump had stated earlier in July that he intended to file a petition. The Supreme Court's rules establish a 25-day period for such filings after a decision. Since July 25 fell on a Saturday, the due date became the following Monday, July 27. On January 20, 2025, President Trump issued an executive order aimed at ending birthright citizenship. This order guarantees U.S. citizenship to most individuals born in the country. Challenges to the order arose immediately, with federal judges determining the order violated the Constitution. Last year, the Trump administration asked the Supreme Court to address whether federal courts possess the authority to issue universal or nationwide injunctions. On June 27, 2025, the court ruled 6-3 that they do not have this power. Legal challenges against Trump's order then continued in lower courts. On December 5, 2025, the justices agreed to review a New Hampshire federal judge's ruling that had invalidated the order. The Supreme Court upheld the lower court's decision on the final day before its summer recess, with a majority finding Trump’s order unconstitutional. Chief Justice John Roberts authored the majority opinion. Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson joined his opinion. Roberts concluded that Trump’s order conflicted with the 14th Amendment’s citizenship clause. This clause states that "[a]ll 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." Justice Brett Kavanaugh agreed that the order could not stand, but for a different reason. He determined the order violated a federal law with language similar to the citizenship clause. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, indicating they would have allowed Trump’s order to take effect. On July 8, Trump posted on social media that he planned to request a rehearing, calling the ruling a "miscarriage of justice." Historically, the Supreme Court rarely reconsiders its rulings in argued cases. The court has not agreed to modify a judgment in an argued case since 1965 to permit further proceedings in lower courts on unresolved issues. It has been even longer, since 1956, that the court granted a rehearing and reversed its earlier decision on the merits. A petition for rehearing requires votes from a majority of the court, at the instance of a justice who concurred in the judgment.