WASHINGTON (AP) — The deadline passed Tuesday for the Trump administration to ask the Supreme Court to reconsider its rejection of the president’s birthright citizenship restrictions, with no new filing on the docket.
President Donald Trump vowed to seek a rehearing shortly after the opinion handed him a loss on a signature issue, but by Tuesday the 25-day window had elapsed with no new activity.
A petition would face long odds: The court has not agreed to rehear an argued case in more than 50 years.
The high court’s 6-3 decision in June struck down Trump’s executive order that would have denied automatic citizenship to children born in the United States whose parents are in the U.S. illegally or temporarily.
The Republican president’s restrictions on birthright citizenship had been blocked by several lower courts before reaching the justices, and they did not take effect anywhere in the U.S.
Still, three justices — Samuel Alito, Neil Gorsuch and Clarence Thomas – would have upheld them. A fourth justice, Brett Kavanaugh, found the Constitution wouldn’t block the president’s plan, though he found it did violate a federal law.
A week after the decision came down, Trump said in a social media post he would “be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY.”
The White House and Justice Department did not immediately respond to messages seeking comment.
The last time the Supreme Court granted any petition to change an opinion was in 1965, and the last time it reversed a decision was almost a decade earlier, in a case from 1956, said Aaron-Andrew Bruhl, a law professor at William & Mary Law School.
The bar to grant a petition for rehearing is high. It would require at least one justice who ruled against Trump to change their mind and a majority of the court would have to agree, Bruhl said.
