The Trump administration did not seek a rehearing from the Supreme Court on its executive order that sought to deny automatic citizenship to children born in the U.S. to parents who are in the country illegally or temporarily. The deadline to file such a petition passed on Tuesday, with no new court filings recorded.
In June, the Supreme Court's 6-3 decision rejected the president's policy, which had been blocked by lower courts and never took effect nationwide. Three justices, Samuel Alito, Neil Gorsuch, and Clarence Thomas, would have upheld the restrictions, while Justice Brett Kavanaugh found the Constitution would not prevent such a plan, though he agreed it violated federal law.
President Donald Trump had vowed to seek a rehearing shortly after the ruling. A week after the decision, Trump posted on social media that 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 requests for comment.
According to law professor Aaron-Andrew Bruhl of William & Mary Law School, the Supreme Court has not agreed to rehear an argued case in more than 50 years. The last time the court granted a petition to change an opinion was in 1965, and the last time it reversed a decision was in 1956. Granting a petition for rehearing requires at least one justice who ruled against the administration to change their mind and a majority of the court to agree, a difficult threshold to meet.