DOGE Elon Musk

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Sean O'Driscoll

By Sean O'Driscoll

Senior Crime and Courts Reporter

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An appeal court has blocked the Department of Government Efficiency [DOGE] from obtaining sensitive Social Security data.

Newsweek sought email comment from DOGE on Wednesday.

Why It Matters

DOGE, and its director, Elon Musk, had hoped to use the information to make major cuts to the Social Security system.

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What To Know

On March 20, Maryland federal judge Ellen Hollander imposed a temporary restraining order on DOGE to prevent it from obtaining Social Security Administration [SSA] information on millions of Americans.

The case was taken by the Alliance for Retired Americans, the American Federation of Teachers and other representative groups.

DOGE Elon Musk

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'Fishing Expedition'

In a hard-hitting 137-page ruling, Hollander accused DOGE of launching a "fishing expedition" that could jeopardize the privacy of millions of Americans.

"The DOGE Team is essentially engaged in a fishing expedition at SSA, in search of a fraud epidemic, based on little more than suspicion," she wrote. "It has launched a search for the proverbial needle in the haystack, without any concrete knowledge that the needle is actually in the haystack."

Appeal Court

DOGE then challenged her temporary restraining order to the 4th Circuit Court of Appeals, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia.

On April 1, the appeal court ruled that it does not have jurisdiction over the case. That's because temporary restraining orders cannot be appealed.

An appeal is generally only allowed once the temporary restraining order is converted to a longer lasting preliminary injunction.

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'Expeditiously And Without Delay'

In a concurring opinion, 4th Circuit judge G. Steven Agee urged Hollander to decide on the preliminary injunction as soon as possible.

"I recommend the district court move expeditiously and without delay to render its opinion on the motion for preliminary injunction while also allowing the introduction of relevant evidence," he wrote.

He also urged both sides to write detailed briefs so that Hollander can properly decide on the preliminary injunction.

"In resolution of the pending motion for a preliminary injunction, the parties should explain in specific detail the basis for their respective arguments. Generalized explanations are unlikely to meet the burdens of proof required," he wrote.

What People Are Saying

Richard Fiesta, executive director of the Alliance for Retired Americans, welcomed Hollander's temporary restraining order on March 20.

"We are grateful that the court took strong action to protect every American's personal data," he wrote in a statement.

"Seniors must be able to trust the Social Security Administration will protect their personal information and keep it from falling into the wrong hands."

What Happens Next

Hollander will now decide whether to impose a preliminary injunction on DOGE. Given her strong wording while imposing a temporary restraining order, she will likely impose the preliminary injunction.

DOGE can then appeal that injunction to the court of appeals.

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