Court Rejects Appeal to Lift Order Preventing DOGE from Social Security
The legal matter involving unions and advocacy organizations challenging DOGE’s ability to access Social Security databases is set to move forward in district court.
On Tuesday, the U.S. Court of Appeals for the Fourth Circuit dismissed the government’s appeal, asserting that the government did not possess the jurisdiction required to proceed. Consequently, the case will continue in a district court.
“Upon evaluating the arguments presented, this appeal is dismissed due to lack of jurisdiction,” stated the brief order.
A concurring opinion from an appeals court judge was included, indicating: “In resolving the pending motion for a preliminary injunction, the involved parties must provide specific details to support their arguments. Generalized assertions are unlikely to satisfy the necessary burdens of proof.”
“Moreover, I urge the district court to act promptly and without delay in issuing its opinion on the preliminary injunction motion, while also permitting the introduction of pertinent evidence.”
On March 20, U.S. District Judge Ellen Hollander in Maryland ruled against DOGE’s access to Social Security databases containing personally identifiable information of Americans, pointing out that DOGE may be searching for fraudulent activity that does not exist. Her order mandated that DOGE eliminate any data it may have retrieved from the Social Security systems.
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“The American public… faces Executive Branch overreach that threatens the privacy of millions of individuals’ personal data,” the lawsuit asserts. “By attempting to seize and maintain access to agency systems, including that of the SSA (Social Security Administration), the Trump administration violates the protections that Congress and the Executive Branch have established against this type of data mining and misuse.”
Following Hollander’s order, Dudek, the acting SSA commissioner, suggested in media interviews that he might need to “shut down the agency” because her order “applies to nearly all SSA employees,” which prompted a letter from the judge clarifying that her order applies solely to DOGE employees interacting with his agency.
He confirmed, “I am not shutting down the agency,” adding that President Donald Trump “supports keeping Social Security offices operational and ensuring the right checks are delivered to the right individuals at the right time.” He further indicated that employees at the agency will carry on with their duties while the lawsuit is adjudicated in the courts.
