The court's three liberal-leaning justices publicly dissented from the decision.
The emergency order allows states, for now, to use the Department of Homeland Security program, called Systematic Alien Verification for Entitlements, or SAVE, in their efforts to verify the eligibility of voters on their rolls. But because existing law blocks most states from systematically purging voters from their rolls within 90 days of an election, the immediate impact on the upcoming midterms is likely limited.
States' use of the SAVE program is voluntary.
The court’s order puts on hold a ruling from a Joe Biden appointed judge in June that had deemed the Republican administration’s recently revamped version of SAVE illegal. U.S. District Court Judge Sparkle L. Sooknanan had blocked the use of the tool, saying it violated Americans’ privacy rights and could result in voters being wrongly removed from the rolls.
A federal appeals court declined to pause Sooknanan's ruling, prompting the administration's appeal to the Supreme Court.
The SAVE program was created under an immigration law mandating that DHS help federal, state and local agencies prevent government benefits from going to noncitizens. The Trump administration last year moved to significantly expand its search abilities. Since then, at least 67 million registrations have been scanned through the program.
Even though the use of the SAVE program has been blocked for months, the administration said in court filings that DHS officials have continued using Social Security Administration data "in certain cases to verify information and help determine whether illegal voting may have occurred."
