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Case File 001 / civic literacy · government accountability

SAVE Voter-Citizenship Verification

Supreme Court of the United States No. 26A308

Current statusSeptember 25 stay · Briefing scheduled October 7
Last verifiedOct 14, 2026
Primary receipts · 2 primary documentsView the primary receipts ↓

Executive summary

A clear view of the current posture, what it means and what remains unresolved.

Temporary relief

September 25 stay · Briefing scheduled October 7

The Supreme Court stayed the June 22 district-court order on September 25, 2026. The D.C. Circuit set merits-briefing deadlines on October 7. The stay is temporary relief, not a final merits judgment.

Legally operative now

What is in force

The September 25, 2026 stay paused the June 22 district-court order for its specified appellate duration. It is the last verified action controlling that relief.

Still unresolved

Questions the court left open

The ultimate resolution of the underlying statutory and administrative-law claims.

Read the open questions ↓
Verification scope & update limits

Verification covered the September 25 Supreme Court order, full PACER dockets for D.C. Circuit appeals 26-5243 and 26-5301, and the October 7 briefing order (document 2196911). The latest entry shown on both retrieved dockets was the October 7 scheduling order. No later disposition changing the stay appeared in those records. The hero shows the verification date; subsequent proceedings may change the status. October 7 order: https://ecf.cadc.uscourts.gov/docs1/01208895636 (PACER access may be required).

Editorial update: Oct 14, 2026

The case, in sequence

Read each event in its procedural context. The emphasized action governs the current posture described above.

All eventsCourt ordersOther proceedings

5 events · Newest first

  1. Sep 25, 2026stay

    Operative action in this file

    Supreme Court pauses the June 22 order

    The Court granted the stay with specified appellate duration.

    Effect The September 25 stay removed the June 22 order as a barrier to use of modified SAVE for its specified appellate duration. It did not finally decide the merits or the reserved NVRA question. The reviewed appellate dockets showed no later disposition changing that relief.

    Source & context

    Supreme Court stay and per curiam opinion

    Per curiam pp. 6–7

    Read court order ↗ (opens in a new tab)Supreme Court stay and per curiam opinion
  2. Sep 15, 2026filing

    Challengers oppose the application

    The respondents filed their response to the stay application.

    Effect Party advocacy before the Court; not an order.

    Source & context

    Supreme Court docket No. 26A308

    September 15 entry

    View docket ↗ (opens in a new tab)Supreme Court docket No. 26A308
  3. Sep 8, 2026motion

    Government applies to the Supreme Court

    The government submitted its application for a stay.

    Effect A request for interim relief; no grant at filing.

    Source & context

    Supreme Court docket No. 26A308

    September 8 entry

    View docket ↗ (opens in a new tab)Supreme Court docket No. 26A308
  4. Sep 4, 2026appeal

    D.C. Circuit denies a stay

    A divided appellate panel denied the government’s request for a stay.

    Effect The district-court order remained operative at that stage.

    Source & context

    Supreme Court stay and per curiam opinion

    Per curiam p. 3; dissent p. 8, identifying No. 26-5243 and date

    Read court order ↗ (opens in a new tab)Supreme Court stay and per curiam opinion
  5. Jun 22, 2026merits ruling

    District court sets aside the modifications

    The district court vacated the modified SAVE program and related notices.

    Effect The program modifications were set aside; this relief was later stayed.

    Source & context

    Supreme Court stay and per curiam opinion

    Per curiam pp. 2–3 and 6

    Read court order ↗ (opens in a new tab)Supreme Court stay and per curiam opinion

B / The legal analysis

What happened

SAVE is a federal citizenship and immigration-status verification program. The 2025 modifications added checks against Social Security Administration records and allowed bulk searches by state and local authorities.

The League of Women Voters, local affiliates and other organizations challenged those changes. The district court set aside the modified program and related notices; the government sought a stay.

Legal questions presented
  • Does federal information-sharing authority permit the SAVE modifications despite the Social Security Act and Privacy Act objections?
  • Were the modifications lawful under the Administrative Procedure Act?
  • What temporary relief should apply while appellate review proceeds? The scope of the NVRA 90-day restriction was not decided here.

What the court actually decided

stay / Sep 25, 2026

September 25 Supreme Court stay

Duration
The September 25 order specified a stay pending the D.C. Circuit appeal and a timely certiorari petition. Under its terms, denial of certiorari ends the stay automatically; a grant continues it until the Supreme Court sends down its judgment.
Limit of the ruling
The Court assessed likely success and the equities for interim relief. It did not issue a final judgment on the underlying claims or decide the NVRA 90-day question.

Decisions established in this record

  • The Supreme Court granted the government’s application for a stay.
  • For the stay analysis, the majority considered standing likely and the government likely to prevail on the statutory and APA issues. Those interim assessments are not a final merits disposition.

What changes in practice

The September 25 stay removed the June 22 order as a barrier to use of modified SAVE for its specified appellate duration. The stay does not require every election office to conduct a check.

A database inquiry, a match or nonconfirmation, further investigation or notice, and an actual cancellation of registration are different events. A database response is not itself a legal cancellation or conclusive proof of ineligibility.

The opinion recognizes the NVRA moratorium’s limits on the stay’s potential impact and discusses individualized inquiries. It expressly reserves the disputed scope of the 90-day provision for Republican National Committee v. Mi Familia Vota, No. 25-1017.

The separate Common Cause v. DOJ voter-list-maintenance litigation concerns a different challenged policy and order. Its October 9 ruling is not the SAVE stay and is not treated as an operative order in this file.

The competing arguments

Party position, not a court finding. These positions are attributed to their proponents.

Position 01

Federal government applicants

The government contends that 8 U.S.C. § 1373 authorizes the information exchange and that the district-court order impedes its work responding to state and local citizenship inquiries.

Position 02

League of Women Voters and other challengers

The challengers assert confidentiality, privacy and administrative-law violations and risks to eligible voters, including naturalized citizens whose SSA records may be outdated. These are distinct from proof that any particular later cancellation was lawful or unlawful.

What remains unresolved

  • The ultimate resolution of the underlying statutory and administrative-law claims.
  • The precise scope of the NVRA 90-day restriction, expressly left undecided in this application.
  • Whether particular state procedures or individual cancellations comply with all applicable law.
  • Actual implementation and consequences in each jurisdiction, which require separate records.

What happens next

The October 7 order sets federal appellants’ brief and joint appendix for November 6, 2026; Texas’s brief for November 13; plaintiffs-appellees’ brief for January 8, 2027; and both reply briefs for January 29. Recheck the docket for amendments and later decisions. These deadlines do not decide the merits.

Recorded deadlines

  • Nov 6, 2026: Federal appellants’ brief and joint appendix
  • Nov 13, 2026: State of Texas’s brief
  • Jan 8, 2027: Plaintiffs-appellees’ brief
  • Jan 29, 2027: Federal appellants’ and Texas’s reply briefs
What will trigger an update
  • D.C. Circuit order or judgment in No. 26-5243.
  • Later Supreme Court disposition affecting the stay.
  • A ruling on the separately presented NVRA 90-day issue.
  • Verified DHS/USCIS guidance or state implementation records.

Primary receipts

The original record comes first. The annotations below explain its evidentiary scope; they are TVN’s reading of the document.

  1. 01Record

    Court order

    Supreme Court stay and per curiam opinion

    Supreme Court of the United States
    Sep 25, 2026

    TVN record annotation

    Establishes
    Program changes, party claims, the majority’s stay analysis, operative duration and the expressly reserved NVRA question.
    Scope & limits
    Interim appellate relief. The dissent is separately attributed; the order does not establish every state’s implementation.
    Read court order ↗ (opens in a new tab)

    September 25, 2026; per curiam pp. 1–7

  2. 02Record

    Court docket

    Supreme Court docket No. 26A308

    Supreme Court of the United States
    September 8–25, 2026 entries

    TVN record annotation

    Establishes
    Application, responses and September 25 disposition.
    Scope & limits
    This Supreme Court docket is not a substitute for the current D.C. Circuit docket.
    View docket ↗ (opens in a new tab)

    September 8–25, 2026 entries

Continue the Research

Deepen your understanding with related reporting and background.

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