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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.
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