Trump drops SHOCK Supreme Court ANNOUNCEMENT
Legal Breakdown episode 740: Trump to ask Supreme Court to reconsider birthright citizenship ruling by invoking an extremely obscure SCOTUS Rule #44. In the entire history of the U.S. there have only been around ten times that Rule 44 has been used to seek the nation's highest court to reconsider its own decision.
This review request must be filed within 25 days of their issuance of the original decision and it must meet at least one of two requirements to even be considered. Within those 25 days some substantive change must have transpired that would alter the case's legality such as a new law passed or the Constitution was successfully amended; or new evidence must have come to light which fundamentally alters the merits of the case in question. Of the 10 or so cases in the first 250 years of the United States' existence, only once has the reconsideration resulted in SCOTUS reversing themselves. The one and only instance was all the way back in the 1780s and involved a bizarre homicide where a woman murdered her husband who was an active member of the U.S. military at the time of his murder.
For reasons that aren't readily apparent, the wife was ordered to be tried by a military court despite the fact that she was a civilian and military courts only have jurisdiction over other members of the military. Shockingly SCOTUS had initially ruled that the widow could be subjected to a military trial even though that would mean she could be convicted by a less than unanimous jury verdict which is completely unconstitutional for civilians. When asked to reconsider this egregious miscarriage via Rule 44, SCOTUS reversed themselves and declared that she could not be tried by the military.
