Overview
- The Supreme Court ruled on June 30 that President Trump’s executive order restricting birthright citizenship is unconstitutional, and no petition for rehearing was filed before the 25‑day deadline that expired on Monday, July 27.
- Because the petition was not submitted, the Court’s judgment stands and the narrow judicial route to revive the policy is effectively closed.
- A rehearing would have needed at least one justice from the majority to change course and a majority vote to be granted, a rare outcome the Court has not agreed to in an argued case since 1965.
- Claims the policy was needed to stop widespread “birth tourism” are disputed by fact checks and estimates that place such cases at a small fraction of U.S. births, weakening the factual basis cited by the administration.
- The majority opinion relied on the 14th Amendment and precedent such as United States v. Wong Kim Ark, with Chief Justice Roberts writing for five justices and Justice Kavanaugh concurring in the result on narrower grounds.