July 8, 2026 · Constitutional Order & Rule of Law
· Litigation development
Well supported
Trump Announces Bid for a Supreme Court Rehearing in the Birthright Citizenship Case
On July 8, 2026, President Trump announced on Truth Social that he would seek rehearing of Trump v. Barbara, the case in which the Supreme Court ruled against his executive order restricting birthright citizenship. "I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY," he wrote. "This miscarriage of justice will destroy America if they don't change their absolutely insane decision." As CNBC noted in coverage aggregated by SCOTUSblog, the Court has not agreed to rehear a case it already decided on the merits since 1965, making the request a long shot.
The announcement is notable less for its likely legal effect than for the posture: a sitting president publicly pressuring the Supreme Court to reverse a decision that went against him, in a case interpreting the Fourteenth Amendment's Citizenship Clause. The decision was 5-4.
As of this batch the president had announced the intention to seek rehearing; the ruling in Trump v. Barbara stands and the executive order remains blocked.
The announcement is notable less for its likely legal effect than for the posture: a sitting president publicly pressuring the Supreme Court to reverse a decision that went against him, in a case interpreting the Fourteenth Amendment's Citizenship Clause. The decision was 5-4.
As of this batch the president had announced the intention to seek rehearing; the ruling in Trump v. Barbara stands and the executive order remains blocked.