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Supreme Court Makes SHOCKING RULING on Trump MIDTERM SCHEME... Analytics Table
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Attorneys Brian Kabateck and Shant Karnikian break down the Supreme Court's 6-3 shadow docket ruling in DHS v. League of Women Voters, which revives the Trump administration's expanded SAVE citizenship-verification database just six weeks before the midterms — but in a way that leaves it largely toothless for this election. Brian and Shant explain that SAVE, created in the 1980s to verify eligibility for federal benefits, was overhauled by DHS to merge Social Security Administration records and allow bulk citizenship checks, prompting the League of Women Voters, the Electronic Privacy Information Center, and other groups to sue, alleging violations of the Privacy Act, the Social Security Act, and the Administrative Procedure Act. U.S. District Judge Sparkle Sooknanan vacated the modified system in June 2026, and the D.C. Circuit refused to stay her ruling 2-1, but the Supreme Court's unsigned per curiam order found the challengers' claims "likely lack merit" because a 1996 federal statute, 8 U.S.C. §1373, likely authorizes DHS to share citizenship information across agencies notwithstanding other privacy laws. Brian and Shant explain why this is still a hollow win for Trump: federal law's 90-day "quiet period" before an election already bars states from conducting systematic voter-roll purges except in narrow circumstances — death, felony disqualification, mental incapacity, or a voter's own request — meaning no state can actually use the revived database to remove voters before November. Brian and Shant also flag that SAVE is voluntary, so only states that opt in will use it, and that naturalized citizens are especially likely to be wrongly flagged since federal databases often lag behind real-world citizenship status. Brian and Shant close on Justice Jackson's dissent, joined by Sotomayor and Kagan, criticizing the majority for rushing an emergency "shadow docket" ruling over the summer recess, before the Court is even back in session. Brian's bottom line: the administration got the headline it wanted, but the fine print means this database can't actually touch a single voter until after the ballots are already counted. Kabateck LLP: Call 1-844-74-CIVIL for a free case evaluation or visit us at https://www.kbklawyers.com/ Subscribe: https://www.youtube.com/@LegalAFMTN?sub_confirmation=1 Become a member of Legal AF YouTube community: https://www.youtube.com/channel/UCJgZJZZbnLFPr5GJdCuIwpA/join Become a member of the Legal AF Substack: https://michaelpopok.substack.com/20off Follow Legal AF on Bluesky: https://bsky.app/profile/legalafmtn.bsky.social Follow Michael Popok on Bluesky: https://bsky.app/profile/mspopok.bsky.social Subscribe to the Legal AF podcast feed here: https://podcasts.apple.com/us/podcast/legal-af-by-meidastouch/id1580828595 Subscribe to the Intersection with Michael Popok podcast feed here: https://podcasts.apple.com/us/podcast/the-intersection-with-michael-popok/id1818863274 Subscribe to Unprecedented with Michael Popok and Dina Doll podcast feed here: https://podcasts.apple.com/us/podcast/unprecedented-by-legal-af/id1867023089 Subscribe to Court of History with Sidney Blumenthal and Sean Wilentz podcast feed here: https://podcasts.apple.com/us/podcast/the-court-of-history/id1867022920
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