{"id":156296,"date":"2026-07-10T13:22:31","date_gmt":"2026-07-10T21:22:31","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/07\/10\/trump-demands-scotus-reverse-birthright-red-card\/"},"modified":"2026-07-10T13:22:31","modified_gmt":"2026-07-10T21:22:31","slug":"trump-demands-scotus-reverse-birthright-red-card","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/07\/10\/trump-demands-scotus-reverse-birthright-red-card\/","title":{"rendered":"Trump Demands SCOTUS Reverse Birthright Red Card"},"content":{"rendered":"

It\u2019s exhausting to have a president who couldn\u2019t pass 7th grade American history \u2014 particularly when the mad king\u2019s advisors are too busy glazing him to point out when his latest edict is not a thing<\/em>. Twice this week, the law-understander demanded an appeal<\/a> to the Supreme Court of an adverse ruling by the Supreme Court.<\/p>\n

On social media he railed<\/a> about birthright citizenship, one of his only losses this term.<\/p>\n

\u201cI will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY,\u201d he screeched. \u201cThis miscarriage of justice will destroy America if they don\u2019t change their absolutely insane decision.\u201d<\/p>\n

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<\/figcaption><\/figure>\n

Obviously, the 14th Amendment is the new Roe v. Wade<\/em> for conservatives \u2014 they\u2019ve only begun to fight. But not \u201cIMMEDIATELY.\u201d Presumably they were going to take a few weeks to regroup, then head back to the Fifth Circuit to workshop some new, batshit legal theory. Maybe Trump will declare some subset of foreign nationals to be an occupying army whose children are outside the protection of the law, as Judge James \u201cPick Me Girl\u201d Ho suggested<\/a> in one of his more embarrassing attempts to get elevated to Alito\u2019s seat. Maybe they\u2019ll declare some hospital on the border to be a \u201cbirth tourism\u201d hub and un-person all babies born there.<\/p>\n

It\u2019s unlikely that the nativist wing of the GOP was planning to present exactly the same arguments to the Supreme Court before the start of the October term on the compelling legal theory of \u201cNOBODY SAW THIS COMING!!!\u201d<\/p>\n

Your move, Solicitor General John Sauer!<\/p>\n

If the SG does flaunt his humiliation kink by indulging the president, he\u2019d be wise to heed the experience of Trump\u2019s other lawyers, who tried something similar this week. After the Supreme Court denied Trump cert in E. Jean Carroll\u2019s defamation case (with no noted dissents) Trump demanded that the fight continue.<\/p>\n

\"\"
<\/figcaption><\/figure>\n

Sauer\u2019s former colleagues at the James Otis Law Group in Missouri duly docketed a petition for rehearing<\/a> on the theory that the original $5 million verdict for sexual assault, which occurred before Trump was elected, and defamation, which occurred after he left office, was intertwined with the second defamation verdict for conduct which took place during his first term. Trump\u2019s lawyers previously asked the Court to hold the first petition until it disposed of the second. But now they\u2019re asking again, because \u2026 well, the check keeps clearing. Plus, one of their partners is currently the SG and another just got confirmed to the 8th Circuit, so filing incoherent gibberish is definitely working for \u2019em professionally.<\/p>\n

In court, however, it\u2019s another matter. When Trump\u2019s lawyers presented this petition for rehearing to the trial court and demanded that Carroll wait to collect her winnings, Judge Lewis Kaplan snorted<\/a> that, per Supreme Court Rule 16.3: \u201c[t]he order of denial [of a petition for a writ of certiorari] will not be suspended pending disposition of a petition for rehearing except by order of the Court or a Justice.\u201d And the Second Circuit brushed off Trump\u2019s emergency request to intercede and stop the court from transferring the funds, which have been held in escrow since 2023.<\/p>\n

Turns out, hollering that the Supreme Court is \u201cinsane\u201d and must remedy its errors \u201cIMMEDIATELY!!!\u201d doesn\u2019t actually work in court \u2014 not even when it\u2019s amplified by the president on his Truth Social platform. OTOH, Alito might actually retire one day so it\u2019s a safe bet that Sauer is polishing up that motion for a mulligan right this minute.<\/p>\n

\n

Liz Dye<\/a>\u00a0produces the Law and Chaos\u00a0Substack\u00a0<\/a>and\u00a0podcast<\/a>.<\/strong><\/em>\u00a0You can subscribe by clicking the logo:<\/strong><\/em><\/p>\n

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\n

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The post Trump Demands SCOTUS Reverse Birthright Red Card<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
\n\t\t\t\t\t\t\t(Photo by Win McNamee\/Getty Images)\t\t\t\t\t\t<\/figcaption><\/figure>\n

It\u2019s exhausting to have a president who couldn\u2019t pass 7th grade American history \u2014 particularly when the mad king\u2019s advisors are too busy glazing him to point out when his latest edict is not a thing<\/em>. Twice this week, the law-understander demanded an appeal<\/a> to the Supreme Court of an adverse ruling by the Supreme Court.<\/p>\n

On social media he about birthright citizenship, one of his only losses this term.<\/p>\n

\u201cI will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY,\u201d he screeched. \u201cThis miscarriage of justice will destroy America if they don\u2019t change their absolutely insane decision.\u201d<\/p>\n

\"\"
<\/figcaption><\/figure>\n

Obviously, the 14th Amendment is the new Roe v. Wade<\/em> for conservatives \u2014 they\u2019ve only begun to fight. But not \u201cIMMEDIATELY.\u201d Presumably they were going to take a few weeks to regroup, then head back to the Fifth Circuit to workshop some new, batshit legal theory. Maybe Trump will declare some subset of foreign nationals to be an occupying army whose children are outside the protection of the law, as Judge James \u201cPick Me Girl\u201d Ho suggested<\/a> in one of his more embarrassing attempts to get elevated to Alito\u2019s seat. Maybe they\u2019ll declare some hospital on the border to be a \u201cbirth tourism\u201d hub and un-person all babies born there.<\/p>\n

It\u2019s unlikely that the nativist wing of the GOP was planning to present exactly the same arguments to the Supreme Court before the start of the October term on the compelling legal theory of \u201cNOBODY SAW THIS COMING!!!\u201d<\/p>\n

Your move, Solicitor General John Sauer!<\/p>\n

If the SG does flaunt his humiliation kink by indulging the president, he\u2019d be wise to heed the experience of Trump\u2019s other lawyers, who tried something similar this week. After the Supreme Court denied Trump cert in E. Jean Carroll\u2019s defamation case (with no noted dissents) Trump demanded that the fight continue.<\/p>\n

\"\"
<\/figcaption><\/figure>\n

Sauer\u2019s former colleagues at the James Otis Law Group in Missouri duly docketed a petition for rehearing<\/a> on the theory that the original $5 million verdict for sexual assault, which occurred before Trump was elected, and defamation, which occurred after he left office, was intertwined with the second defamation verdict for conduct which took place during his first term. Trump\u2019s lawyers previously asked the Court to hold the first petition until it disposed of the second. But now they\u2019re asking again, because \u2026 well, the check keeps clearing. Plus, one of their partners is currently the SG and another just got confirmed to the 8th Circuit, so filing incoherent gibberish is definitely working for \u2019em professionally.<\/p>\n

In court, however, it\u2019s another matter. When Trump\u2019s lawyers presented this petition for rehearing to the trial court and demanded that Carroll wait to collect her winnings, Judge Lewis Kaplan snorted<\/a> that, per Supreme Court Rule 16.3: \u201c[t]he order of denial [of a petition for a writ of certiorari] will not be suspended pending disposition of a petition for rehearing except by order of the Court or a Justice.\u201d And the Second Circuit brushed off Trump\u2019s emergency request to intercede and stop the court from transferring the funds, which have been held in escrow since 2023.<\/p>\n

Turns out, hollering that the Supreme Court is \u201cinsane\u201d and must remedy its errors \u201cIMMEDIATELY!!!\u201d doesn\u2019t actually work in court \u2014 not even when it\u2019s amplified by the president on his Truth Social platform. OTOH, Alito might actually retire one day so it\u2019s a safe bet that Sauer is polishing up that motion for a mulligan right this minute.<\/p>\n

\n

Liz Dye<\/a>\u00a0produces the Law and Chaos\u00a0Substack\u00a0<\/a>and\u00a0podcast<\/a>.<\/strong><\/em>\u00a0You can subscribe by clicking the logo:<\/strong><\/em><\/p>\n

\"\"<\/a><\/figure>\n","protected":false},"excerpt":{"rendered":"

It\u2019s exhausting to have a president who couldn\u2019t pass 7th grade American history \u2014 particularly when the mad king\u2019s advisors are too busy glazing him to point out when his latest edict is not a thing. Twice this week, the law-understander demanded an appeal to the Supreme Court of an adverse ruling by the Supreme […]<\/p>\n","protected":false},"author":3,"featured_media":156277,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-156296","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2026\/07\/law-and-chaos-logo-liz-dye-300x153-VErDQC.jpg?fit=300%2C153&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/156296","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=156296"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/156296\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/156277"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=156296"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=156296"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=156296"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}