Months After Gutting the Voting Rights Act So Elected Officials Could Redraw Districts However They Please, the Supreme Court Handed Them the Other Half of the Power Over Elections — Clearing the Trump Administration to Let States Screen Voter Rolls With SAVE, a Federal Database So Flawed That More Than One in Five Texans It Flagged as Noncitizens Turned Out to Be Citizens — Over the Three Liberal Justices' Dissent That Disenfranchising "Even a Few Lawful Voters" Outweighs the Government's "Nonexistent" Harm
On September 25, 2026, the Supreme Court reversed a lower court and cleared the way for the Trump administration to let states use SAVE — the Department of Homeland Security's Systematic Alien Verification for Entitlements database — to check the citizenship of registered voters before the November midterms. The order, on the emergency docket, drew a public dissent from the three liberal justices. The Court limited the ruling to "individualized" citizenship checks and noted that federal law still bars mass purges close to Election Day, reserving that larger question for a case next term. But the tool it revived is notoriously inaccurate, and it fails in one direction: it disproportionately flags naturalized citizens as ineligible. When Texas ran its voter rolls through SAVE, it identified 2,724 "potential noncitizens" — and then confirmed that at least 578 of them, more than one in five, were in fact U.S. citizens. Justice Ketanji Brown Jackson, joined by Sotomayor and Kagan, dissented that "the harm caused by burdening or disenfranchising even a few lawful voters outweighs the nonexistent harm that the Government experiences" — noting there is no meaningful noncitizen-voting problem for the database to solve. Seen alongside the Court's April decision gutting the Voting Rights Act to free legislators to gerrymander at will, this ruling completes a pattern: having let elected officials decide how voters are grouped, the Court is now letting the political branches decide, through a faulty database, who counts as a voter at all.