Federal appeals court authorizes DOGE access to Education, Treasury and OPM records

By lauraharris // 2025-04-13

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A federal appeals court ruled that the Department of Government Efficiency (DOGE) can access sensitive personal records (including Social Security numbers, income, citizenship status and student loan data) from the Education and Treasury departments, as well as the Office of Personnel Management (OPM), overturning a previous injunction.
Advocacy groups, including the American Federation of Teachers, argued DOGE's actions violated the Privacy Act of 1974, but the court found no evidence of immediate harm, denying standing to the plaintiffs.
The 4th Circuit overturned a Maryland federal judge's March 24 block on DOGE's access, and an 8-7 vote rejected rehearing the case en banc, leaving the ruling intact.
The court also allowed DOGE to proceed with deep cuts to USAID and restrictions on diversity, equity and inclusion (DEI) programs, dismissing claims of unconstitutionality.
The rulings emphasized that DOGE’s actions were legally authorized, even if controversial, with one judge noting that unconventional methods do not necessarily equal unconstitutional conduct.

A federal appeals court has ruled that the Department of Government Efficiency (DOGE) may proceed in accessing personal records from the Department of Education, the Department of the Treasury and the Office of Personnel Management (OPM). The lawsuit, filed by advocacy groups, including the American Federation of Teachers, argued that DOGE's access to personal records, including Social Security numbers, income levels, citizenship status and student loan data, violated the federal Privacy Act of 1974. On March 24, U.S. District Judge Deborah Boardman from Maryland sided with the plaintiffs. Boardman blocked DOGE from reviewing sensitive data within the three agencies. (Related: DOGE targets IRS in sweeping government efficiency push.) "Enacted 50 years ago, the Privacy Act protects from unauthorized disclosure the massive amounts of personal information that the federal government collects from large swaths of the public," Boardman wrote at that time. "No matter how important or urgent the President's DOGE agenda may be, federal agencies must execute it in accordance with the law." However, the 4th U.S. Circuit Court of Appeals vacated the March 24 order in a 2-1 decision on April 7. The court also declined, by an 8-7 vote, to rehear the issue en banc, meaning the full bench will not reconsider the decision. The Department of Justice (DOJ), defending DOGE and the agencies, countered that the plaintiffs failed to demonstrate any concrete injury or imminent harm from DOGE's data access. Government attorneys argued that employees assigned to DOGE were legally authorized to retrieve necessary records for their investigations. "Plaintiffs lack standing because they have not suffered any cognizable … injury," DOJ attorneys said in court filings. The majority opinion, written by Judge G. Steven Agee, agreed, stating, "In light of the plaintiffs' multiplicative problem, the government has made a strong showing that it will prevail on the merits."

Federal appeals court also backed DOGE access to USAID

The 4th U.S. Circuit Court of Appeals also backed the administration in granting DOGE access to the U.S. Agency for International Development (USAID) and permitting executive orders restricting diversity, equity and inclusion initiatives to proceed. In March, the federal appeals court overturned a lower court order blocking DOGE from advancing deep cuts at the USAID. The 4th U.S. Circuit Court of Appeals panel ruled that while Musk's role in dismantling USAID was "unconventional," there was insufficient evidence to prove his actions were unconstitutional. "While defendants' role and actions related to USAID are not conventional, unconventional does not necessarily equal unconstitutional," U.S. Circuit Judge Marvin Quattlebaum wrote. That same month, a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond also ruled that U.S. District Judge Adam Abelson in Baltimore had overreached by imposing a sweeping halt to the key executive orders targeting DEI initiatives. Visit BigGovernment.news for stories similar to this. Watch the video below that talks about Democrats freaking out over DOGE. This video is from the Son of the Republic channel on Brighteon.com.

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Federal appeals court also backed DOGE access to USAID

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