President Trump’s Bid for Birthright Redo Would Be ‘Longest of Long Shots’

President Donald Trump’s attempt to persuade the US Supreme Court to reconsider its recent decision upholding birthright citizenship faces extremely slim prospects, with legal experts describing the move as the “longest of long shots”.

The Supreme Court has not agreed to rehear a case, even partially, for more than six decades. Trump, seeking to reverse a defeat on one of his key policy positions, said he may ask the justices to revisit the ruling.

Trump criticised the court’s closely divided decision last week that upheld the 14th Amendment’s guarantee of birthright citizenship. In a social media post on Wednesday, he said he would “IMMEDIATELY” request a rehearing — a rare legal step that experts say is unlikely to succeed.

“Most advocates would consider rehearing by the Supreme Court to be the longest of long shots,” said Xiao Wang, director of the Supreme Court Litigation Clinic at the University of Virginia School of Law.

Although the Supreme Court occasionally agrees to rehear petitions for certiorari, granting a rehearing after a case has already been argued and an opinion issued is almost unheard of in the modern era.

The last time the justices agreed to such a rehearing was in 1965 in Maryland for the Use of Levin v. United States, according to Supreme Court Practice, regarded as the leading guide on proceedings before the court. In that case, the justices did not schedule new arguments but only amended their earlier judgment, leaving lower courts to resolve remaining issues.

Trump’s proposed request would go significantly further, seeking to persuade the court to reverse the opinion it issued last week. Under Supreme Court rules, such a move would require a justice who supported the original judgment to request a rehearing, along with approval from a majority of the court.

Since cases decided on the merits have already undergone full briefing and oral arguments, obtaining a different outcome through rehearing has “hardly any chance of success”, according to the 11th edition of Supreme Court Practice.

In lower courts, rehearing requests are usually granted when there are new legal developments or significant changes in facts. Legal experts said the administration’s potential request does not appear to meet either standard.

“The law hasn’t changed since the court’s ruling in late June,” Wang said.

Under Supreme Court rules, Trump has 25 days from the date of the judgment to file a rehearing request. It remains unclear whether he will proceed with the application or what legal grounds he would rely on to justify a fresh review.

Meanwhile, the administration and Republican lawmakers have indicated they may pursue legislative measures to restrict what they describe as “birth tourism” — the practice of expectant mothers travelling to the US to secure citizenship for their children. Trump has argued that the court’s ruling has encouraged the practice.

 
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