MW Trump administration asks the Supreme Court to restore 'DOGE' access to Social Security data

By Angela Moore

Solicitor general says the existing restrictions harm urgent federal priorities

The Trump administration on Friday asked the Supreme Court to give Elon Musk's so-called Department of Government Efficiency access to sensitive personal information held by the Social Security Administration.

The emergency application, made by Solicitor General John Sauer, comes after Judge Ellen Lipton Hollander, a Maryland federal district-court judge, blocked the so-called department, known as "DOGE," from accessing Americans' private Social Security data, and required that "DOGE" delete any information it has previously gathered. On Wednesday, the Fourth Circuit upheld Hollander's preliminary injunction in the case, which a group of unions; retirees' and Democracy Forward, a legal-services and advocacy group, brought against the U.S. government.

Sauer wrote in a filing that Hollander's restrictions prevent the Musk-led "department" from doing its work and interfere with President Donald Trump's executive authority.

"This emergency application presents a now-familiar theme: a district court has issued sweeping injunctive relief without legal authority to do so, in ways that inflict ongoing, irreparable harm on urgent federal priorities and stymie the Executive Branch's functions," Sauer wrote.

The so-called department led by Musk, who is the chief executive of Tesla $(TSLA)$ and SpaceX, a large-scale Republican campaign donor, presidential adviser and the owner of social-media site X, had initially been given access to data including Social Security numbers, medical records, work histories, financial and tax information, birth and marriage certificates, and home and work addresses - without explaining why its approach was necessary.

In a lengthy opinion released in March, Hollander wrote that the Musk-led team was involved in a "fishing expedition" at the Social Security Administration, and was ordered to "disgorge or delete" the data it had so far obtained.

"DOGE" has been on a tear to root out what it calls "fraud, waste and abuse" in the federal government, cutting jobs and attempting to dismantle entire agencies. The Trump administration and the quasidepartment have been met with numerous lawsuits as a result.

"The government cannot eliminate waste and fraud if district courts bar the very agency personnel with expertise and the designated mission of curtailing such waste and fraud from performing their jobs," Sauer wrote.

The White House did not immediately respond to a MarketWatch request for comment.

Musk is supposed to be wrapping up his time at "DOGE," but the White House recently told MarketWatch that "Elon's not going anywhere, and 'DOGE' isn't going anywhere."

Read on: 'DOGE' cuts are in doubt as Trump shows Musk the door in cabinet-meeting sendoff

-Angela Moore

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May 02, 2025 19:53 ET (23:53 GMT)

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