Just when it seemed the Supreme Court might be prepared to stop Donald Trump from sabotaging the midterm elections, the six Republican justices who dominate the court handed the president a potentially far-reaching victory on September 25 with another ruling on its emergency “shadow” docket. The ruling in Department of Homeland Security v. League of Women Voters permits the administration and Republican-led states to use a newly expanded federal database to review state voter lists, overturning a lower-court decision that had concluded the database could not be used for the midterms because it violates federal privacy laws and the Administrative Procedure Act.

The Systematic Alien Verification for Entitlements program was created in 1986 to allow federal, state, and local government agencies to verify the citizenship and immigration status of noncitizens applying for public benefits, relying on records maintained by the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Department of State. However, in March 2025, Trump promulgated Executive Order 14248 (titled “Preserving and Protecting the Integrity of American Elections”), that revamped the program to permit state and local authorities to verify the citizenship status of registered voters so they could purge noncitizens from the rolls—a purpose the SAVE program was never intended to serve. The executive order also directed the Social Security Administration (SSA) to make its records available to the DHS for that purpose. Two months later, the DHS, acting on its own, launched a modified SAVE program that allows state and local authorities to conduct unlimited bulk searches of multiple individuals at once.

In September 2025, the League of Women Voters, together with its affiliates in Texas, Louisiana, and Virginia, and the Electronic Privacy Information Center sued the federal government, claiming that the expanded SAVE program violated the Social Security Act, the federal Privacy Act, and the Administrative Procedure Act. On June 22 of this year, District Court Judge Sparkle L. Sooknanan, who sits in Washington, DC, blocked the revamped SAVE program from being used for the midterm elections. The Justice Department, led by Solicitor General D. John Sauer, took its case to the US Court of Appeals for the DC Circuit, and, after failing to secure relief there, turned to the Supreme Court’s shadow docket, where the administration has enjoyed great success.

In one Texas county alone, searches conducted under the database returned an astounding error rate of 21%. There is no reason to believe the master citizenship lists will be any more reliable.

The high court granted Sauer’s request with a seven-page unsigned “per curiam” ruling, holding that the plaintiffs’ claims about the expanded database lacked merit, and that “the Federal Government has an obligation to respond to requests from state and local election officials seeking to verify the citizenship of voters.” In their dissent, the court’s three Democrats argued that the use of the database will result in voter disenfranchisement.

On its face, as some commentators have noted, the court’s ruling appears limited in scope because the National Voter Registration Act (NRVA) of 1993 prohibits states from conducting “systematic” purges of registered voters in the 90-day “quiet period” prior to elections. If the terms of the NRVA are faithfully........

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