Trump Seeks Supreme Court Rehearing on Birthright Citizenship After Defeat

President Donald Trump announced plans to petition the Supreme Court for a rehearing on its June decision affirming automatic birthright citizenship in the United States under the Fourteenth Amendment. The request comes after Trump's January executive order seeking to restrict citizenship for children of undocumented immigrants was rejected by the court in late June. Legal experts say the effort faces nearly insurmountable odds, as the Supreme Court has not reconsidered a previously argued case since 1965.

The Court's Decision and Trump's Response

The Supreme Court ruled that babies born within United States borders automatically receive citizenship status under the Fourteenth Amendment's Citizenship Clause, rejecting Trump's January 20 executive order. That order directed federal agencies to deny citizenship documents to infants born in the country whose parents were undocumented or had entered illegally. Trump claimed the directive would take effect 30 days after signing.

In response to the decision, Trump posted on his social media platform that he would immediately seek a Supreme Court rehearing. He cited what he described as new evidence of a widespread "scam" involving American hospitals marketing maternity services to expectant mothers in Mexico at bargain rates, with some facilities advertising deliveries starting at $4,000.

The Marketing Claims and Their Origins

Trump's claims about extensive billboard advertising appear rooted in a limited real-world case. A hospital in Mission, Texas—located five miles from the Mexican border—advertised delivery packages on two Spanish-language billboards placed in Mexico and on social media. The facility offered natural births at $3,950 or caesarean sections at $5,525, substantially below typical American medical costs. This marketing campaign was initially highlighted in a Fox News report and amplified through social media by a Trump-backed former congressional candidate from Texas.

Trump characterized this isolated hospital marketing as evidence of a massive illegal citizenship scheme worth "billions of dollars," claiming that citizenship was being sold to anyone willing to pay. He argued that such a practice constitutes a crime and therefore the Supreme Court's ruling is "absolutely insane" and will "destroy America" if not reversed.

Legal Precedent and Outlook

According to analysis by a Georgetown University Law Professor, the Supreme Court has not agreed to rehear a case it previously argued since 1965. The last time the court reversed a decision in an argued case was in 1956. These historical precedents suggest Trump's petition faces extraordinarily long odds of success, even if formally filed.

Trump also separately petitioned the Supreme Court this week to reconsider its June denial of his appeal regarding a New York civil jury verdict holding him liable for sexual abuse and defamation. A Manhattan judge ordered that $5 million in court deposits plus accrued interest be distributed to the plaintiff despite Trump's pending Supreme Court petition.