Department of Homeland Security v. League of Women Voters · ¶36

The District Court rejected the Government’s argument that §1373 overrode the Social Security Act and the Privacy Act and granted summary judgment to Respondents, concluding that the modified SAVE system violated both laws, as well as the APA. 835 F. Supp. 3d, at 119–120, 130, 134– 136. The District Court then vacated the modifications to SAVE. Id., at 138. At that point, the Government sought a stay in the District Court, where it raised several new arguments about why the Social Security Act’s confidentiality provision did not apply to the modified SAVE system. See No. 1:25–cv–3501 (D DC, July 8, 2026), App. to Application for Stay 81a–84a (App.) (describing the Government’s arguments). The District Court denied the stay and refused to consider the forfeited arguments in that posture, but invited the Government to raise them via a Rule 52(b) motion to reopen the judgment. See id., at…

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