{"id":158732,"date":"2026-07-29T04:31:26","date_gmt":"2026-07-29T12:31:26","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/07\/29\/trump-fails-to-file-promised-birthright-citizenship-rehearing-before-deadline\/"},"modified":"2026-07-29T04:31:26","modified_gmt":"2026-07-29T12:31:26","slug":"trump-fails-to-file-promised-birthright-citizenship-rehearing-before-deadline","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/07\/29\/trump-fails-to-file-promised-birthright-citizenship-rehearing-before-deadline\/","title":{"rendered":"Trump Fails To File Promised Birthright Citizenship Rehearing Before Deadline"},"content":{"rendered":"

Are you guys sitting down? Because it\u2019s possible \u2014 possible<\/em> \u2014 that Donald Trump might be full of shit. I know, I know. But hear me out. <\/p>\n

After losing his challenge to the Fourteenth Amendment\u2019s guarantee of birthright citizenship on a 5-4 or 6-3 (or maybe 7-2?<\/a>) decision, Donald Trump loudly and proudly demanded the Supreme Court give him a do-over<\/a>. Would the administration find success seeking a rehearing from the same justices that just swatted it down? Highly unlikely since the Court last granted rehearing in an argued case in 1965, and the last time it reheard a case and actually reversed<\/em> its decision was in 1956.\u00a0And that 1956 case still marks the only time in history such an effort has succeeded.<\/p>\n

Trump nonetheless made sure everyone on social media knew that he\u2019d found a new development in the case, in the form of a hospital in Texas that used the Supreme Court\u2019s decision as a basis to advertise baby deliveries to migrants seeking to give birth on American soil. The only problem was the hospital did NOT do that and what he thinks<\/em> it did happened in 2021. <\/p>\n

Alas, given this administration\u2019s willingness to run head first into the studs with its legal arguments, we all expected the rehearing request would arrive forthwith. <\/p>\n

But just like the mass wave of criminal immigrants surging across the border\u2026 it was never actually real. <\/p>\n

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

[Sad trombone.]<\/p>\n

My personal conspiracy theory here is that this rehearing circus sideshow fell victim to Todd Blanche\u2019s repeated failures before the Senate Judiciary Committee. The administration believed \u2014 despite all indications to the contrary \u2014 that Blanche would cruise through confirmation just like he did last year for the Deputy AG job and the Attorney General position could be all sewn up in time for the rehearing deadline. <\/p>\n

Instead, his vote is still getting carried over and someone with more sense than traditionally displayed by the Trump Peanut Gallery decided the last thing they needed was to put Blanche on camera trying to explain how a hospital ad from five years ago made for a good faith rehearing on a legal theory that\u2019s been roundly rejected for over a century.<\/p>\n

Either that or the Solicitor General\u2019s office just miscounted days, which is honestly just as likely.<\/p>\n

Earlier<\/strong>: Trump Calls Supreme Court \u2018Absolutely Insane\u2019 And Then Asks For Birthright Citizenship Do-Over<\/a><\/p>\n

\n

\"Headshot\"Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news.<\/em><\/strong><\/p>\n

The post Trump Fails To File Promised Birthright Citizenship Rehearing Before Deadline<\/a> appeared first on Above the Law<\/a>.<\/p>\n

Are you guys sitting down? Because it\u2019s possible \u2014 possible<\/em> \u2014 that Donald Trump might be full of shit. I know, I know. But hear me out. <\/p>\n

After losing his challenge to the Fourteenth Amendment\u2019s guarantee of birthright citizenship on a 5-4 or 6-3 (or maybe 7-2?<\/a>) decision, Donald Trump loudly and proudly demanded the Supreme Court give him a do-over<\/a>. Would the administration find success seeking a rehearing from the same justices that just swatted it down? Highly unlikely since the Court last granted rehearing in an argued case in 1965, and the last time it reheard a case and actually reversed<\/em> its decision was in 1956.\u00a0And that 1956 case still marks the only time in history such an effort has succeeded.<\/p>\n

Trump nonetheless made sure everyone on social media knew that he\u2019d found a new development in the case, in the form of a hospital in Texas that used the Supreme Court\u2019s decision as a basis to advertise baby deliveries to migrants seeking to give birth on American soil. The only problem was the hospital did NOT do that and what he thinks<\/em> it did happened in 2021. <\/p>\n

Alas, given this administration\u2019s willingness to run head first into the studs with its legal arguments, we all expected the rehearing request would arrive forthwith. <\/p>\n

But just like the mass wave of criminal immigrants surging across the border\u2026 it was never actually real. <\/p>\n

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

[Sad trombone.]<\/p>\n

My personal conspiracy theory here is that this rehearing circus sideshow fell victim to Todd Blanche\u2019s repeated failures before the Senate Judiciary Committee. The administration believed \u2014 despite all indications to the contrary \u2014 that Blanche would cruise through confirmation just like he did last year for the Deputy AG job and the Attorney General position could be all sewn up in time for the rehearing deadline. <\/p>\n

Instead, his vote is still getting carried over and someone with more sense than traditionally displayed by the Trump Peanut Gallery decided the last thing they needed was to put Blanche on camera trying to explain how a hospital ad from five years ago made for a good faith rehearing on a legal theory that\u2019s been roundly rejected for over a century.<\/p>\n

Either that or the Solicitor General\u2019s office just miscounted days, which is honestly just as likely.<\/p>\n

Earlier<\/strong>: Trump Calls Supreme Court \u2018Absolutely Insane\u2019 And Then Asks For Birthright Citizenship Do-Over<\/a><\/p>\n

\n

\"Headshot\"Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news.<\/em><\/strong><\/p>\n

The post Trump Fails To File Promised Birthright Citizenship Rehearing Before Deadline<\/a> appeared first on Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Are you guys sitting down? Because it\u2019s possible \u2014 possible \u2014 that Donald Trump might be full of shit. I know, I know. But hear me out. After losing his challenge to the Fourteenth Amendment\u2019s guarantee of birthright citizenship on a 5-4 or 6-3 (or maybe 7-2?) decision, Donald Trump loudly and proudly demanded the […]<\/p>\n","protected":false},"author":3,"featured_media":0,"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-158732","post","type-post","status-publish","format-standard","hentry","category-above_the_law"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/158732","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=158732"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/158732\/revisions"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=158732"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=158732"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=158732"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}