Department of Homeland Security v. League of Women Voters · ¶47

As a result, nothing in §1373 authorizes the modified SAVE system or overrides the provisions of the Social Security Act and the Privacy Act that Respondents say the Government has violated. And the Government puts forward no nonforfeited arguments that the modifications to SAVE in fact complied with the Social Security Act’s confidentiality provision. See Application for Stay 30–33; No. 26–5243 (CADC, Sept. 4, 2026), App. 113a–120a. These are reasons enough to find that the Government is unlikely to succeed on the merits of its appeal, so I would not reach the Government’s arguments regarding the Privacy Act and the APA.

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