Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Fourth Circuit will hold en banc hearing on merits of appeal of injunction against DOGE access to SSA records, (May 8, 2025)

By Brandi O. Brown, J.D.

The announcement followed an en banc decision denying the Federal government’s motion to stay, pending appeal, the district court’s preliminary injunction.

Earlier this week, the Fourth Circuit issued an order stating that a majority of judges in regular active service and not disqualified had voted to grant an initial hearing en banc on the merits of an appeal by the federal government that followed a district court decision that granted a preliminary injunction against it with regard to DOGE accessing SSA data.

Just last week, a majority of the court, sitting en banc, denied a motion filed by the government to stay, pending appeal, the lower court’s preliminary injunction. Although no en banc opinion was issued on that decision, several judges penned separate concurrences and dissents. Among those, Judge King, joined by several others, wrote a separate concurrence, praising the “very able district judge” who “carefully and thoughtfully examined the evidence and legal issues.” Judge King et al adopted the PI opinion in its entirety (including it as an addendum to the appeals court’s order). Among other things, Judge King noted that while the preliminary injunction requires DOGE affiliates to “disgorge and delete” the PII they possess or control, prohibits them from installing any software at SSA, and directs them to remove any installed by them or on their behalf, they are not precluded from receiving from SSA access to redacted or anonymized data or records, nor are SSA employees who are not working on the DOGE agenda impacted.

The appeals docket is No. 25-1411.

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