Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
US Midterms 2026
24SEP

Judge voids DOJ's SAVE voter-roll policy

2 min read
11:45UTC

Judge Sparkle Sooknanan ruled on 9 October that the Justice Department acted unlawfully in collecting state voter rolls, checking them against SAVE and demanding removals.

PoliticsAssessed
Key takeaway

A federal judge has ruled unlawful DOJ's practice of checking state rolls through SAVE and demanding removals.

Judge Sparkle Sooknanan of the federal court in Washington ruled on 9 October that the Department of Justice (DOJ) acted unlawfully in collecting state voter rolls, running them through SAVE (Systematic Alien Verification for Entitlements), the federal citizenship database, and demanding removals⁠1. "The challenged policy represents the federal government's attempt to decide who gets to vote," she wrote in a 78-page ruling in Common Cause v. Department of Justice. The ruling decides part of the case on the law, without a trial.

Sooknanan is the judge whose June ruling against the modified SAVE System the Supreme Court stayed by 6-3. That stay let bulk citizenship checks resume; this ruling goes after a different link in the chain, what DOJ does with the system's output once it has a state's roll. The ACLU (American Civil Liberties Union), among the plaintiffs' lawyers, says the ruling vacates a policy "that has removed United States citizens from the voter rolls in their home states"⁠2.

The ruling adds to a run of DOJ losses in its campaign for state voter lists. By the count of the Brennan Center, a voting-rights think tank at New York University's law school, the government has sued 30 states and the District of Columbia for those lists, and 26 suits have been dismissed⁠3. DOJ said it was reviewing the decision⁠4.

Deep Analysis

In plain English

Each US state keeps its own list of registered voters. The federal Justice Department had been gathering these lists, running names through a federal database called SAVE that checks immigration status, and pressing states to remove people it flagged. A federal judge in Washington has now ruled that this was unlawful. The department says it is reviewing the decision and may appeal.

Deep Analysis
Root Causes

The Constitution's Elections Clause gives states the running of elections, subject to rules Congress sets. Congress has never given a federal agency power to order removals, so any federal programme must lean on lawsuits or data-sharing deals.

SAVE was designed to check immigration status for benefits. It reads immigration records, which often lag behind naturalisation, so a citizen naturalised years ago can still appear as a non-citizen.

What could happen next?
  • Consequence

    Federal demands for removals based on SAVE matches lose their footing unless an appeals court revives the policy.

  • Risk

    An emergency appeal could reach the Supreme Court before 3 November, as the June SAVE ruling did.

First Reported In

Update #20 · SLF's gifts to Texas PAC match Musk's to SLF

Reuters via The Spokesman-Review· 17 Oct 2026
Read original →
Different Perspectives
University of Florida Election Lab
University of Florida Election Lab
The lab, run by Michael McDonald, estimates about 124.3 million ballots, a raw midterm record, and turnout of about 49.4% of eligible voters, second to 2018's 50.05%. The raw record reflects population growth more than a record rate, so the late count is working through a near-2018 electorate.
Thune's critics on the right, including Senator Ron Johnson
Thune's critics on the right, including Senator Ron Johnson
Ron Johnson backed the failed 31-15 motion to delay Thune's re-election, after activists such as Mike Cernovich blamed the leader for the defeat. Their complaint is that Republicans could have passed the SAVE Act; in January it meets a Democratic Senate instead.
Senator John Thune
Senator John Thune
Thune was re-elected Senate Republican leader by acclamation on 10 November after a motion to delay failed 31-15. He kept the filibuster that stopped the SAVE Act, the choice his critics on the right blame for the defeat.
House Republicans under Jim Jordan
House Republicans under Jim Jordan
House Republicans elected Jordan minority leader by 106 votes to 73 over Steve Scalise on 10 November, after Speaker Mike Johnson declined to run. They replaced the leadership that lost the majority, while Senate Republicans kept theirs.
Donald Trump
Donald Trump
Trump asked on Truth Social on 9 November whether anybody believed the election "was honest" and blamed the machines, having told The New York Times on polling night he would accept the results. No Republican campaign had sued over a 2026 result by 10 November, so the claim has no case behind it.
Judge David O. Carter
Judge David O. Carter
Carter closed the Justice Department's suit over about 20,000 California mail ballots on 10 November after the department withdrew it, writing that the suit "attempted to disrupt an ongoing election". The closure leaves the department with no court order touching a 2026 California ballot.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.