Department of Homeland Security v. League of Women Voters · ¶40

The majority concludes that the Government has made the necessary “strong showing” of likely success on the merits, Nken, 556 U. S., at 426 (internal quotation marks omitted), because two IIRIRA provisions that we have never before interpreted likely authorize the modifications to SAVE and displace any other statutory restrictions on the disclosure of citizenship information. See ante, at 4–5; 8 U. S. C. §§1373(a)–(b). As the majority sees things, Congress’s “prohibiting interference with the disclosure of information regarding citizenship status to DHS” in §§1373(a) and (b) “necessarily authorize[s] DHS to request and receive that information” from SSA, regardless of whether some other law prohibits disclosure. Ante, at 4. The majority thus treats §1373 as essentially overriding the limits that privacy laws impose on the sharing of citizenship information with DHS. But that…

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