The DC Circuit ruled two-to-one against the government's request for a stay in the SAVE system case.
Posted by The Lawfare Podcast, Checked
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- 3 support1 context
- Said
- 1 time·
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- 93%
The Lawfare PodcastSep 14, 2026
The D.C. Circuit's September 4, 2026 order denying the government's emergency stay in the SAVE case was a 2-1 decision, with Judge Katsas dissenting, as shown by the court's own order and Reuters. The claim departs from the passage only in its extra wording about 'the stay', which the post's surrounding context supports.
What was said
… They don't really put it that way, but they they appeal, and, um, so the DC. Circuit gets the case in that posture, and it's Chief Judge Sri Srinivasan, uh Obama; Robert Wilkins, Obama; and Greg Katzes, Trump. And that's how they rule: two to one, uh, uh, political lines. And the, uh, Judge Sri Srinivasan, for the majority, says, "I've never heard of i mean, you're seeking a stay, which is an EMER you know, an emergency petition, based on an argument you've never raised before, based on a forfeited argument. …
The Lawfare Podcast · · from the transcriptPost →What we found
Supports. The D.C. Circuit's order in No. 26-5243 states that the motion for stay pending appeal is denied, and that Circuit Judge Katsas would have granted it, meaning the panel split 2-1 against the government.[2]
Supports. Reuters reports that the D.C. Circuit issued a 2-1 ruling on September 4 declining to halt Judge Sooknanan's ruling, which prompted the administration's Supreme Court request.[1]
Supports. The Supreme Court's order confirms that a divided D.C. Circuit panel (Srinivasan, Wilkins, and Katsas, with Katsas dissenting) denied the government's stay application.[3]
Context. The Supreme Court later granted the government's stay on September 25, which does not change the fact that the D.C. Circuit ruled 2-1 against the stay request on September 4.[3][4]
Sources
4 sources: 1 fact-checker, 2 primary, 1 not rated
- 1Trump asks Supreme Court to allow voter verification ...reuters.com · fact-checker · cited for: supports
- 2United States Court of Appealsmedia.cadc.uscourts.gov · primary source · cited for: supports
- 326A308.xmlsupremecourt.gov · primary source · cited for: supports, context
- 4Explainer: DHS's Unreliable SAVE System Can no Longer ...democracy2025.org · not rated · cited for: context
Where this claim was made
Said in 1 published post
Related claims
- The DC Circuit panel that ruled on the SAVE system stay consisted of Chief Judge Sri Srinivasan, Judge Robert Wilkins, and Judge Greg Katzis.True
- The D.C. Circuit appellate court denied an appeal to allow the Social Security Administration to continue using the SAVE database for eligibility verification.True
- Judge Sukhnanan denied a preliminary injunction in the lawsuit against the SAVE system.True
- The Supreme Court granted a stay of a district court ruling that had blocked the Trump administration's implementation of the modified SAVE database for voter verification.True
- The Fourth Circuit Court of Appeals rejected the Trump administration's immigration detention policy in a two-to-one decision.True