Supreme Court Greenlights DOGE's Access to SSA Data: Privacy at Risk!

Washington, D.C. - The United States Supreme Court has stayed a preliminary injunction in AFSCME v. SSA, which had prevented the Trump administration from granting staff at the so-called “Department of Governmental Efficiency” (DOGE) unprecedented and dangerous access to the sensitive, personal data of millions at the Social Security Administration. An appeals court previously declined to stay the injunction, which recognized that DOGE’s operatives’ unprecedented access to private Social Security data, ranging from immigration records to health and financial information, violates critical privacy protections and will cause irreparable harm.

This decision overturns a first of its kind order issued by a lower court that required Elon Musk and DOGE to “disgorge” and “delete” any personal data. The Supreme Court's decision to grant DOGE access to SSA records, despite the lower court's injunction, has added to the controversy. Justice Ketanji Brown Jackson, in her dissent, warned that the Court's decision "creates grave privacy risks for millions of Americans." She argued that the Government failed to substantiate its stay request by showing that it or the public would suffer irreparable harm absent this Court’s intervention. This dissent highlights the legal and ethical concerns surrounding DOGE's access to sensitive data and the potential impact on public trust.

Democracy Forward represents the American Federation of State, County and Municipal Employees; the American Federation of Teachers; and the Alliance for Retired Americans in this case. The coalition issued the following statement:

“This is a sad day for our democracy and a scary day for millions of people. This ruling will enable President Trump and DOGE’s affiliates to steal Americans’ private and personal data. Elon Musk may have left Washington, D.C., but his impact continues to harm millions of people. We will continue to use every legal tool at our disposal to keep unelected bureaucrats from misusing the public’s most sensitive data as this case moves forward.”

The case will now proceed on the merits in the United States District Court for the District of Maryland and Court of Appeals for the Fourth Circuit.

Democracy Forward’s legal team in this matter includes Anne Swift, Mark Samburg, Emma Leibowitz, and Robin Thurston.

Read the complaint here, and today’s ruling here.



The legal battle between DOGE and the unions has the potential to significantly affect public trust in government institutions. The allegations of unauthorized data access, the lack of appropriate safeguards, and the Supreme Court's decision to grant DOGE access to sensitive data all contribute to a sense of uncertainty and concern among the public. The outcome of this legal battle will be crucial in determining how government institutions can better protect sensitive data and restore public trust.