William & Mary Law School

The deadline for the Trump administration to request the Supreme Court to reconsider its rejection of birthright citizenship restrictions expired without a new filing. The Supreme Court’s 6-3 decision in June struck down Trump’s executive order denying automatic citizenship to children born in the U.S. to parents in the country illegally or temporarily. A rehearing petition faces long odds as the court has not agreed to rehear an argued case in over 50 years.

The deadline passed for the Trump administration to request the Supreme Court rehear its birthright citizenship case, with no new filing submitted. The Court’s 6-3 decision in June rejected Trump’s executive order restricting automatic citizenship for children of undocumented immigrants, though three justices would have upheld the restrictions. A rehearing petition faces extremely low odds, as the Court has not granted one in over 50 years.

President Donald Trump has requested the Supreme Court to rehear two cases: its birthright citizenship decision and a $5 million judgment against him in a lawsuit with E. Jean Carroll. Legal experts say such rehearing requests are exceptionally rare, with little chance of success, particularly for the birthright citizenship case decided on merits.