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NewsFOX 13 Tampa BayJuly 29, 2026Hillsborough

Trump Administration Misses Deadline to Challenge Birthright Citizenship Ruling

The Trump administration's window to ask the Supreme Court to reconsider its ruling against an executive order on birthright citizenship has closed. Despite President Trump's public statements expressing an intent to seek a rehearing, no filing was submitted by the Tuesday deadline.

Supreme CourtBirthright CitizenshipImmigrationExecutive OrderConstitutional Law
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Why It Matters

The expiration of this deadline confirms that the Supreme Court's 6-3 decision striking down the executive order remains in effect, preventing the administration from using this specific legal path to deny citizenship to children born in the U.S. to parents in the country illegally or temporarily.

Key Facts

  • The deadline for the Trump administration to petition the Supreme Court for a rehearing on the birthright citizenship case expired on Tuesday.
  • The Supreme Court previously struck down the administration's executive order on birthright citizenship by a 6-3 margin.
  • Five of the six justices in the majority determined the executive order was unconstitutional.
  • Justice Brett Kavanaugh argued the order violated the law, though not necessarily the Constitution.
  • The administration had a 25-day window following the June verdict to file a petition for rehearing.
  • The Supreme Court has not accepted a petition for rehearing in over 50 years, with the last instance occurring in 1965.
  • A successful rehearing requires a justice from the majority to change their mind and a majority of the court to agree to hear the case.

Who's Mentioned

personAaron-Andrew Bruhl“William & Mary Law School professor providing legal context.”organizationJustice Department“Federal agency responsible for legal filings on behalf of the administration.”personDonald Trump“President who sought to challenge the Supreme Court ruling.”personBrett Kavanaugh“Supreme Court Justice who wrote a concurring opinion regarding the order's legal”organizationSupreme Court“The nation's highest court that ruled on the birthright citizenship executive or”