The Supreme Court voted 6-3 on October 18, 2024, to allow Virginia to continue a program removing approximately 1,600 alleged non-citizens from its voter rolls, overriding a lower court's order that had blocked the purge under the National Voter Registration Act's prohibition on systematic voter list maintenance within 90 days of a federal election. The ruling was confirmed by Fox News, NPR, CNN, the Brennan Center, and the Virginia Department of Elections.

Chief Justice Roberts and Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett formed the majority, allowing the purge to continue pending a full appeal. Justices Sotomayor, Kagan, and Jackson dissented, with Sotomayor writing that the majority's action 'defies the plain text' of the NVRA and 'risks denying the right to vote to thousands of U.S. citizens who were mistakenly flagged as non-citizens.'

The Virginia program matched state Department of Motor Vehicle records against federal immigration databases; civil rights groups noted that the matching process had high error rates and had flagged naturalized citizens and even native-born Americans. The DOJ under the Biden administration had sued Virginia, arguing the purge violated the NVRA's quiet period.

Fox News and conservative election-security groups praised the ruling as allowing states to enforce election laws without federal interference from the DOJ. NPR and the Brennan Center warned that the rushed purge in the final weeks before the election risked removing eligible voters who would have no time to correct errors before casting a ballot. Both sides agreed the NVRA's 90-day quiet period was the central legal question.