Obama can’t take “NO” for an answer when it comes to opening the floodgates to 4 million immigrants from deportation. Now according to a new report from Reuters, Obama is trying to revive a White House plan to protect millions of immigrants from deportation. The Obama administration is now asking the U.S. Supreme Court to rehear a case on which the eight-member court was split 4-4 last month. The June 23 high court decision ruling recently blocked his plan.

In a filing, the Justice Department asked the court to take a second look at the case once it has a full complement of nine justices. It is unclear when that would be, as the Republican-controlled U.S. Senate has declined to act on Obama’s nominee, appeals court judge Merrick Garland.