Trump seeks Supreme Court rehearing on birthright citizenship after court rejection

President Donald Trump announced on Wednesday that he will "immediately" ask the US Supreme Court to reconsider its ruling upholding birthright citizenship, one week after the justices rejected his executive order seeking to restrict the 150-year-old policy. In a 6-3 decision on 30 June, the court ruled that children born in the US to parents who are unlawfully or temporarily present are citizens at birth under the 14th Amendment. Trump's executive order had argued that such children were not "subject to the jurisdiction thereof" and therefore ineligible for citizenship.

Under Supreme Court rules, a losing party may formally request a rehearing within 25 days, though a majority of the nine-member court must approve such a request. Rehearings are extraordinarily rare, with the last rehearing of a decided case occurring approximately 60 years ago. Chief Justice John Roberts and four other justices, along with Justice Brett Kavanaugh in a separate concurrence, found Trump's order violated the Constitution. Trump expressed his frustration on social media, stating: "This miscarriage of justice will destroy America if they don't change their absolutely insane decision."

In justifying his rehearing request, Trump cited what he described as evidence of birth tourism, citing a Texas hospital's advertising of maternity services. A single hospital in Mission, Texas, near the Mexican border, had placed two Spanish-language billboards in Mexico advertising delivery packages priced at $3,950 for natural birth and $5,525 for caesarean sections, according to reporting by Fox News and others. Trump exaggerated the scope of the advertising in his social media post. Mission Regional Medical Center, a public nonprofit hospital, subsequently removed the marketing materials, stating they were no longer in use "due to any unintended misunderstanding" and reaffirming its commitment to complying with all applicable laws.

Texas Governor Greg Abbott ordered an investigation into the hospital over allegations it was promoting birth tourism. The hospital's Instagram post promoting birthing services to women "living abroad" was also removed following the backlash. The billboards and website, which previously directed to havemybabyinTEXAS.com, have been taken offline.

Despite his stated intention to seek a rehearing, Trump has also indicated he will pursue legislative action to restrict birthright citizenship, a path that would require passage through Congress. The Supreme Court's ruling was welcomed by civil rights groups, while Trump views it as a setback to his immigration agenda.