Education Secretary Asks to Dismiss Case Over DOGE Access to Sensitive Information
Secretary of Education Linda McMahon filed a motion to dismiss a case about the Department of Government Efficiency (DOGE)'s access to sensitive information in the department Tuesday, saying that the California Student Association -- plaintiff in the case -- lack standing and haven't shown irreparable harm.
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"Crucially, Plaintiff has not pleaded that its members’ private information has been (or is at imminent risk of being) publicly disclosed," so they have not shown actual, irreparable harm," said McMahon. Instead, the association restates "theory that defendants have violated privacy laws," which is not an actual injury, just a statutory violation, she said.
Additionally, McMahon said the student association "could not bring its own Privacy Act claim," underscoring the weakness of the claims in case 25-00354.
The student association sued the Education Department Feb. 7 in the U.S. District Court for the District of Columbia for its alleged unlawful and continuous disclosure of sensitive information to DOGE (see 2502100074). An opposition motion was filed Feb. 13 by then acting education secretary Denise Carter (see 2502130037), though the student association doubled down on their call for a temporary restraining order in response (see 2502140016). Judge Randolph Moss denied the TRO on Feb. 17.