Fourth Circuit Compels Government to Follow Procedural Rules
Washington, DC—Today, the U.S. Court of Appeals for the Fourth Circuit dismissed the government’s appeal of a temporary restraining order protecting sensitive data maintained by the Social Security Administration (SSA) from Elon Musk’s so-called “Department of Government Efficiency” (DOGE).
The Fourth Circuit panel dismissed the appeal for lack of jurisdiction and allowed the case—brought by the American Federation of State, County and Municipal Employees (AFSCME), the Alliance for Retired Americans (ARA), and the American Federation of Teachers (AFT)—to proceed in the district court, where a motion for a preliminary injunction will be filed later this week.
The temporary restraining order required, among other things, that DOGE personnel “disgorge and delete” all data unlawfully obtained from the SSA and restricted DOGE’s access to personally identifying information going forward. Ignoring standard legal procedure, the government prematurely appealed to the Fourth Circuit, which it also asked to stay enforcement of the temporary restraining order.
“We are pleased the 4th Circuit agreed to let this important case continue in district court,” said Richard Fiesta, Executive Director of the Alliance for Retired Americans. “Every American retiree must be able to trust that the Social Security Administration will protect their most sensitive and personal data from unwarranted disclosure.”
“Today is a win for every American who relies on the Social Security Administration. This ruling is a critical step in ensuring that people’s private and sensitive data remains out of the hands of Elon Musk and DOGE,” said Skye Perryman, President and CEO at Democracy Forward. “Today’s decision will ensure that our clients—workers, retirees, and educators across the country—will be heard promptly and fairly in the district court, where we will use all legal tools to continue to protect Americans’ most sensitive data.”
The amended complaint can be found here; the temporary restraining order can be found here.
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