Appeals Court Grants DOGE Access to Personal Information at OPM, Education Department
In a split decision, the 4th U.S. Circuit Court of Appeals Monday granted a motion from the Office of Personnel Management (OPM) and Education Department to stay a pending appeal in a case about the Department of Government Efficiency's (DOGE) access to sensitive personal information. The U.S. District Court for Maryland previously denied the stay on the grounds that the plaintiffs would suffer irreparable harm without the preliminary injunction (see 2503280058).
Sign up for a free preview to unlock the rest of this article
The departments and DOGE "met its burden of a strong showing that it is likely to succeed on the merits of their appeal," said Judge Steven Agee, which Judge Julius Richardson concurred with. Richardson also said that in order for them to succeed, the plaintiffs had the burden of having an extreme likelihood of success on all five issues outlined in the complaint, which "is hard to believe the plaintiffs could have shown."
On the other hand, Richardson said the government had to prevail on just one issue, a much lower bar. Agee concurred. Richardson and Agee said they believe the plaintiffs lack standing, among other issues.
However, Judge Robert King dissented, agreeing with the district court that the plaintiffs -- the American Federation of Teachers (AFT), other organizational plaintiffs and six individual military veterans -- would suffer irreparable harm without the injunction.
"Respectfully -- and with all the energy an old judge can muster -- I dissent from the vote of the en banc Court and the action of the panel majority," he said. "At stake is some of the most sensitive personal information imaginable -- including Social Security numbers, income and assets, federal tax records, disciplinary and other personnel actions, physical and mental health histories, driver’s license information, bank account numbers, and demographic and family details," King added. "This information was entrusted to the government, which for many decades had a record of largely adhering to the Privacy Act of 1974 and keeping the information safe. And then suddenly, the defendants began disclosing the information to DOGE affiliates without substantiating that they have any need to access such highly sensitive materials."
Other 4th Circuit Judges Roger Gregory, James Wynn, Stephanie Thacker, DeAndrea Benjamin and Nicole Berner joined King's dissent.
On Feb. 10, AFT and the other plaintiffs filed suit in case 25-00430 for violations of the Privacy Act and other federal laws. The district court granted a motion for preliminary injunction March 24 (see 2503240055) and a temporary restraining order on Feb. 24 (see 2502250011). After a motion from the government to stay the injunction during an appeal, district Judge Deborah Boardman denied it, allowing the injunction to continue (see 2503280058).
Oral argument is scheduled for May 5 at 3 p.m. in front of the 4th Circuit.