Trump seeks new Supreme Court hearing on citizenship

Trump turned directly to the public via his online platform Truth Social. "I will be asking the Supreme Court of the United States to revisit this case," he wrote there. In the post, he called the decision a "judicial miscarriage of justice" that would "destroy America" if it were not corrected.

Constitutional Legal Basis

The birthright citizenship principle has been a central element of the American Constitution since the post–Civil War era. The 14th Amendment was adopted in 1868 and made clear that all persons born in the United States and subject to its jurisdiction possess US citizenship. This principle was regarded as nearly untouchable for decades.

Trump's decree aimed to restrict this right. Specifically, children whose parents were not legally in the country at the time of birth or held only temporary residence permits were to be denied automatic citizenship. The measure was part of a series of immigration tightening steps Trump has pursued since taking office.

Deadlines and Further Proceedings

The Supreme Court justified its rejection of the decree on the grounds of clear unconstitutionality. The majority of justices saw the order as a break with both the letter and the spirit of the 14th Amendment. The three dissenting votes could not prevail.

For a motion to reopen proceedings following a Supreme Court ruling, a deadline of 25 days from the decision applies. Since the ruling was issued on June 30, this deadline runs accordingly. It is unusual for the Supreme Court itself to review a decision already rendered with its full bench; as a rule, such motions are filed by the lawyers of the losing party and considered by the court.

Political Dimension

Trump called the ruling politically motivated and personally attacked the justices. Such direct attacks on the highest court are rare in US history, but do occur repeatedly in politically charged times. Observers interpret the choice of words as an attempt to build public pressure on the court.

The dispute over birthright citizenship is closely tied to the ongoing political debate over immigration in the US. Trump had already made the issue one of his core concerns during the campaign. The Supreme Court's decision is considered one of the most significant rulings on immigration law in recent decades.

Reactions to Trump's announcement were predictably divided. Supporters of the Republican Party see the motion as a necessary step to enforce the will of the voters. Critics warn of further polarization and a loss of confidence in the judiciary.

Regardless of the outcome of the proceedings, the debate over the scope of the 14th Amendment is likely to continue in the US. Should Trump fail with his motion, the path through Congress remains open to him, although he is likely to face resistance from the ranks of the Democratic Party and individual Republicans.

Should the motion succeed, the court would once again address the question of how the 1868 constitutional amendment applies to modern immigration situations. Until a final clarification, the legal situation in the US remains at the status quo: children born in the country continue to hold US citizenship.