Acting Education Secretary Opposes DOGE Restraining Order from Calif. Student Association
Acting Secretary of Education Denise Carter filed Thursday in opposition to a motion for a temporary restraining order on employee access to Education Department systems from the University of California Student Association. The government cited a conflict with the separation of powers and the unlikeliness that plaintiffs will succeed on the merits of their claim.
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“Plaintiff is not entitled to the injunction it seeks, which would raise separation-of-powers concerns by impermissibly intruding into the President’s superintendence of the Department of Education,” the motion said.
The students sued the government Feb. 7 for unlawful and continuous disclosure of sensitive information in department records to the Department of Government Efficiency (DOGE) (see 2502100074). They filed a motion for a temporary restraining order Monday to bar U.S. Department of Education employees from disclosing information to DOGE, and enjoining the department to “retrieve and safeguard” personal information already transferred to DOGE.
“This Court should also reject Plaintiff’s proposal to enjoin disclosure of information to ‘individuals associated with the so-called Department of Government Efficiency,’” Carter said. “This term is undefined and easily susceptible to contested meanings. Indeed, this could sweep in the entire Department of Education workforce, because all employees, including those on DOGE Teams -- regardless of their employment status -- serve to effectuate the Preident’s [sic] policy agenda.”