Defenders of Social Security are responding with critical anger to a ruling by the U.S. Supreme Court on Friday that side with the Trump administration in a legal battle over access to sensitive data of tens of millions of Americans by the Department of Government Efficiency, the government-eviscerating agency first spearheaded by right-wing libertarian and mega-billionaire Elon Musk.
The unsigned emergency order from the court came in response to an emergency application from the Trump administration defending DOGE’s ability to have access to Social Security databases that two labor unions, alongside the Alliance for Retired Americans, had file a legal suit to protect. By its ruling, the Supreme Court stayed a lower federal court’s ruling that said DOGE must “disgorge” and “delete” any of the data it accessed or downloaded from the agency files.
While the underlying case plays out, DOGE is now authorized to retain the data and access to the information, which critics say cannot be entrusted to the newly-created department and unvetted personnel who control it.
While the majority ruling was unsigned, Justices Ketanji Brown Jackson and Elana Kagan backed what was described as a “blistering” dissent, authored by Jackson, countering the determination and warning against continued access for DOGE while the case makes its way through the lower courts.
“On the one hand, there is a repository of millions of Americans’ legally protected, highly sensitive information that—if improperly handled or disseminated—risks causing significant harm,” she wrote. “On the other, there is the government’s desire to ditch the usual protocols for accessing that data, before the courts have even determined whether DOGE’s access is lawful.”
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