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Supreme Court

A Limited Supreme Court Win for Trump's Voter Database

Department of Homeland Security v. League of Women Voters won’t really impact the 2026 election. But 2028 is a different story.

Damon Root | 9.29.2026 7:00 AM

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TrumpSCOTUSWIN | Matthew Maxey/Icon Sportswire DHH/Matthew Maxey/Icon Sportswire/Newscom/Sean Pavone/Jixue Yang/Dreamstime. Illustration: Fatima Ruiz.
(Matthew Maxey/Icon Sportswire DHH/Matthew Maxey/Icon Sportswire/Newscom/Sean Pavone/Jixue Yang/Dreamstime. Illustration: Fatima Ruiz.)

Last year, President Donald Trump issued an executive order directing federal officials to create new systems that would allow state and local authorities to check the immigration status of both registered voters and would-be voters who were seeking to register. In an unsigned opinion issued on Friday, the U.S. Supreme Court, with all three Democratic appointees voting in dissent, allowed the Trump administration's efforts to proceed while the case plays out.

It was a notable Supreme Court win for Trump. However, thanks to a different federal law, the ruling's impact on the fast-approaching 2026 midterm elections will be a very limited one.

You’re reading Injustice System from Damon Root and Reason. Get more of Damon’s commentary on constitutional law and American history.

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The case is Department of Homeland Security v. League of Women Voters. At issue is a Department of Homeland Security (DHS) program known as Systematic Alien Verification for Entitlements (SAVE). State and local officials have already used the SAVE program's national database for purposes of verifying citizenship status in the context of employment and voting. What Trump's executive order did was expand the SAVE program so that the DHS could also draw on Social Security Administration records when processing these state and local requests.

The League of Women Voters and other groups challenging the expanded SAVE program argue that this executive expansion goes beyond what Congress actually authorized while also violating several federal privacy and administrative procedure laws. The groups also argue that lawful voters are likely to be purged by mistake as an unavoidable byproduct of putting these sweeping new procedures in place.

Those arguments by the legal challengers persuaded both the U.S. District Court for the District of Columbia and the U.S. Court of Appeals for the District of Columbia Circuit, which both ruled against the Trump administration. But now the Supreme Court, by a vote of 6–3, has granted the administration's request for a stay, which places those lower court rulings on hold while the administration fights it out on appeal. And the order further indicates that the administration has a likelihood of winning in the end.

"Although the plaintiff organizations likely have standing, their claims likely lack merit," the Supreme Court's unsigned order stated. Because "an information-sharing regime like the modified SAVE program" is likely permissible under federal law, "this Court is likely to reverse the District Court's holding that the federal defendants violated the Social Security Act, the Privacy Act, and the [Administrative Procedure Act]."

Writing in dissent, Justice Ketanji Brown Jackson, joined by Justices Sonia Sotomayor and Elena Kagan, faulted the majority for bending federal law in Trump's favor. "If there is a bright side to today's opinion," Jackson added, "it is that the per curiam will likely have minimal short-term impact" because of yet another federal law, the National Voter Registration Act, which says: "A State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters."

In other words, because the Supreme Court's ruling in this case happened less than 90 days out from the 2026 midterms, any state that wanted to make use of the expanded SAVE program for a systemic removal of ineligible voters is barred from doing so in this year's election.

The 2028 election, however, will be a different story and will undoubtedly give rise to even more litigation as the expanded SAVE program is put to its intended use.

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NEXT: Brickbat: Evidence Is Overrated

Damon Root is a senior editor at Reason and the author of three books, including A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution (Potomac Books). His latest book is Emancipation War: The Fall of Slavery and the Coming of the Thirteenth Amendment (Potomac Books).

Supreme CourtHouse of RepresentativesCampaigns/ElectionsElection 2026Election 2028Donald TrumpCongressImmigration
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  1. Rossami   2 months ago

    Huh, this did not turn out the way I expected. From the description of the case, I expected it to get thrown out on standing grounds because no plaintiff had yet been "purged [from the voter rolls] by mistake". The claimed harm seems to me to be possible but unproven and certainly not "inevitable".

    1. JesseAz (RIP CK)   2 months ago

      In this case those who claimed they were harmed ended up easily getting ID and proving they were valid voters.

      This happens in all these cases. Every disenfranchised plantiff easily registers.

  2. JesseAz (RIP CK)   2 months ago

    Limited? Lol.

    30 states sued to disallow the other 20 states to check citizenship.

    Reason celebrated under obama when arizona was barred from checking citizenship of voters. This finally undoes that travesty.

    Why reason remains against the most basic of voter fraud checks boggles my mind, despite the ever growing numbers if fraudulent voters, found for the mere fact some states and the feds finally started looking.

    1. SMP0328   2 months ago

      Why reason remains against the most basic of voter fraud checks boggles my mind

      Does it really? I think we all can (D)etermine the reason.

      1. JesseAz (RIP CK)   2 months ago

        Fair.

  3. Juliana Frink   2 months ago

    Let's play Honest Headlines:

    A Limited Supreme Court Win for Trump's Voter Database

    VS

    Ketanji Brown Jackson, Exhibiting Terminal Diarrhea of the Brain, Celebrates a Temporary Victory for Illegitimate Voters

    1. MollyGodiva   2 months ago

      Let's be clear: When MAGAs say "Illegitimate Voters", they mean minorities who are US citizens.

      1. JesseAz (RIP CK)   2 months ago

        The racism of Tony continues.

        https://www.rasmussenreports.com/public_content/lifestyle/general_lifestyle/march_2021/75_support_voter_id_laws

      2. Juliana Frink   2 months ago

        I might have said, "I'm not MAGA, not that there's anything wrong with it. Why don't you go out an find an actual MAGA, present your stupid remark, and see how long it takes before she rips you a new asshole."

        But then I remembered what your actual game is.

        Let's be clear: When propagandists such as yourself say "MAGA" you actually invite everyone to notice how a pejorative has been engineered for the sole purpose of sowing division; You have strained every aspect of credibility to declare that any support of Trump whatsoever makes one a cultist, and thus you hope to scare people into distancing themselves from him. You repeat this over and over again, day in and day out because you know this is how a psy-op works.

        So call me anything you want. I say you are an enemy of Western civilization.

  4. Liberty_Belle   2 months ago

    https://www.theguardian.com/us-news/2026/sep/24/dhs-nevada-voter-non-citizens-error
    Nearly 200 people wrongly identified on Nevada’s voter rolls as non-citizens

    Trump noncitizen voter probe finds goose-egg.

    1. JesseAz (RIP CK)   2 months ago

      Okay, now what about the 6600 NJ admitted to or the tens of thousands of others identified?

      You people are dumb.

  5. MollyGodiva   2 months ago

    Trump wins, voters lose.

    1. JesseAz (RIP CK)   2 months ago

      Illegal voters. Stop showing your racism Tony.

  6. JFree   2 months ago

    Yet another 'electoral bureaucracy problem' rendered irrelevant by sortition (random selection).

  7. TJJ2000   2 months ago

    "The groups also argue that *UN*-lawful voters are likely to be purged by mistake?"
    Just had to fix that statement so some truth could be found in it.

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