Trump announces plan to seek Supreme Court rehearing on birthright citizenship ruling

By 
, July 9, 2026

President Donald Trump declared Wednesday that he will immediately petition the Supreme Court to rehear its 5-4 decision striking down his executive order on birthright citizenship, a move that faces steep procedural odds but signals the administration has no intention of accepting the ruling as the final word.

Trump made the announcement on Truth Social, calling the decision a "miscarriage of justice" and warning it would be exploited by those seeking to sell access to American citizenship at the southern border and beyond.

The petition would be filed under Supreme Court Rule 44, which gives the losing party 25 days from the date of judgment to request a rehearing. The rule exists for exceptional circumstances, cases where the court may have overlooked significant legal or factual issues. The court grants few such petitions, and as Newsmax reported, a rehearing cannot even be ordered unless at least one justice who joined the majority agrees to support it.

That is a high bar. But the White House made clear it views the fight as far from over.

The ruling and the reaction

Last month, the Supreme Court held that children born in the United States to parents who are in the country illegally or temporarily are U.S. citizens under the 14th Amendment. The 5-4 decision rejected Trump's executive order, which sought to deny automatic citizenship to those children.

The ruling landed as one of the most consequential immigration decisions in years, and it came amid a broader set of major cases testing the limits of Trump's executive authority.

Trump's Truth Social post did not hold back. He wrote:

"I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY. This miscarriage of justice will destroy America if they don't change their absolutely insane decision."

He went further, claiming that the ruling had already created a commercial incentive for abuse. Trump wrote that signs and billboards were appearing "all over our Southern Border, and Mexico, advertising BIRTHRIGHT CITIZENSHIP, with 'Deliveries starting at $4000.'" He added that similar signs were going up across the country.

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Those claims were not independently verified. But the underlying concern, that birthright citizenship creates a magnet for illegal border crossings and birth tourism, is one that immigration hawks have raised for years.

White House signals a long fight

White House deputy press secretary Abigail Jackson reinforced the president's message in a July 1 appearance on Newsmax's "National Report." Jackson told the network that the administration believes the Supreme Court "fundamentally misinterpreted" the intent of the 14th Amendment.

"American citizenship is worth so much more than a cheap plane ticket or a last-minute border crossing."

Jackson described the dispute as one that "is just getting started," adding that "the American people can rest assured that President Trump isn't giving up on this any time soon."

The framing from the White House is deliberate. The administration is not treating the ruling as settled law in the political sense, even if it currently binds the executive branch. The rehearing petition is one avenue. Legislative action may be another.

Justice Brett Kavanaugh's opinion in the case has already drawn attention from Republicans in Congress. Kavanaugh's birthright citizenship opinion has been read by some as handing Republicans a legislative path forward, even as it sided against the executive order itself.

The procedural reality

Supreme Court Rule 44 is not a generous tool for the losing side. The rule is designed for narrow circumstances, not broad policy disagreements with the court's reasoning. Rehearing petitions are rarely filed and even more rarely granted.

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The 25-day filing window puts a hard deadline on the administration's legal team. And the requirement that at least one majority justice support rehearing means the administration would need to persuade someone who voted against the executive order to reverse course.

That is an extraordinary ask. The court does not lightly reopen its own decisions, and the 5-4 split suggests the majority was deliberate in its conclusion.

Still, the administration's posture reflects a broader pattern. Justice Samuel Alito has publicly called the birthright citizenship ruling a "serious mistake" with national security implications, suggesting that internal tensions on the court have not fully resolved.

The border incentive argument

Trump's most vivid claim, that billboards along the U.S.-Mexico border now advertise birthright citizenship with delivery prices starting at $4,000, is unverified in available reporting. But the argument it supports is not new. Birth tourism operations have been documented for years, with businesses in multiple countries marketing packages that include travel, lodging, and hospital delivery in the United States specifically so the child receives automatic citizenship.

Trump framed the issue in blunt commercial terms on Truth Social:

"Billions of Dollars will be illegally made by this SCAM, with Citizenship going to anyone willing to pay. It will be, by far, the number one way of becoming a citizen, and then the entire family will be allowed to follow. Not sustainable."

He added: "AMERICAN CITIZENSHIP IS NOT FOR SALE! In fact, that is a crime, and therefore, the Supreme Court's ruling is wrong."

Whether or not the billboard claim holds up, the broader policy question is real. If birthright citizenship applies regardless of parental immigration status, the incentive structure rewards illegal entry at the moment of birth. That is not a hypothetical. It is the operating reality under current law as the court has now affirmed it.

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The Supreme Court has not been uniformly hostile to the Trump administration's immigration agenda. The court recently handed the administration two major wins on TPS and asylum processing, showing that the justices are willing to defer to executive authority on some immigration matters, just not this one.

What comes next

The rehearing petition, if filed, will test whether any member of the majority is willing to reconsider. The odds are long. But the political signal matters as much as the legal outcome. Trump is telling his base, and Congress, that he does not accept the court's reading of the 14th Amendment as the end of the argument.

If the petition fails, the path forward likely runs through legislation. That introduces its own complications, including Senate math that has not always cooperated with the president's priorities. Trump's relationship with the Senate on judicial and constitutional matters remains a variable that could shape what comes next.

Jackson's statement to Newsmax left no ambiguity about the administration's posture. The White House views the 14th Amendment question as open, the court's reasoning as flawed, and the political fight as one worth continuing.

The court said the Constitution guarantees birthright citizenship. The president says the court got it wrong. One branch will have to blink, or the voters and their representatives will have to settle it themselves.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson