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Department of Homeland Security v. League of Women Voters · ¶51

Even more concerning is the majority’s omission of any consideration of the harms that might occur if the modified SAVE system is allowed to continue operating. See Califor nia, 609 U. S., at ___ (JACKSON, J., dissenting) (slip op., at 10). The District Court highlighted such harms, noting the risk that States might cancel the voter registrations of at least some recently naturalized citizens or force such persons to provide proof of citizenship before voting. 835 F. Supp. 3d, at 108–109. That court also found that those harms have already materialized in Texas, where one of Respondents’ members “had her voter registration revoked without her knowledge,” and two more “had to provide proof of citizenship to maintain registered voter status.” Id., at 113. But the per curiam’s purported balancing fails to address, much less account for, the demonstrated harms of issuing a stay. See Orr,…
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