Department of Homeland Security v. League of Women Voters · ¶45

Finally, “common sense” weighs in favor of this interpretation, Biden v. Nebraska, 600 U. S. 477, 512 (2023) (BARRETT, J., concurring), because it harmonizes §§1373(a) and (b) with existing restrictions on disclosures of citizenship information. Under the per curiam’s reading, by contrast, those provisions trump any such restrictions and give SSA the authority to share whatever citizenship information it wants. In the three decades since Congress enacted IIRIRA, the Government has never invoked §1373 in that way—even as it has repeatedly refined the SAVE program. And when an agency “‘claim[s] to discover in a long- extant statute an unheralded power’ representing a ‘transformative expansion in its regulatory authority,’” this Court’s recent practice has been to ask for a clear statement, absent from §1373, conferring such a power. See, e.g., West Virginia v. EPA, 597 U. S. 697, 724…

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