WASHINGTON — The Trump administration asked the Supreme Court on Friday to clear the way for Elon Musk ’s Department of Government Efficiency to access Social Security systems containing personal data on millions of Americans.
The emergency appeal is the first in a string of applications to the high court involving DOGE’s swift-moving work across the federal government.
It comes after an order from a judge in Maryland restricted the team’s access to Social Security under federal privacy laws.
Social Security holds personal records on nearly everyone in the country, including school records, bank details, salary information and medical and mental health records for disability recipients, according to court documents.
The government says the DOGE team needs access to target waste in the federal government. Musk, now preparing to step back from his work with DOGE, has been focused on Social Security as an alleged hotbed of fraud. The billionaire entrepreneur has described it as a “ Ponzi scheme ” and insisted that reducing waste in the program is an important way to cut government spending.
Solicitor Gen. John Sauer argued Friday that the judge’s restrictions disrupt DOGE’s important work and inappropriately interfere with executive branch decisions. “Left undisturbed, this preliminary injunction will only invite further judicial incursions into internal agency decision-making,” he wrote.
He asked the justices to block the order from U.S. District Judge Ellen Hollander in Maryland as the lawsuit plays out.
An appeals court previously refused to immediately to lift the block on DOGE access, though it split along ideological lines. Conservative judges in the minority said there’s no evidence that the team has done any “targeted snooping” or exposed personal information.
The lawsuit was originally filed by a group of labor unions and retirees represented by the group Democracy Forward. The Supreme Court asked them for a response to the administration’s appeal by May 12.
More than two dozen lawsuits have been filed over DOGE’s work, which has included deep cuts at federal agencies and large-scale layoffs.
Hollander found that DOGE’s efforts at Social Security amounted to a “fishing expedition” based on “little more than suspicion” of fraud.
Her order does allow staffers to access data that has been made anonymous, but the Trump administration has said DOGE can’t work effectively with those restrictions.
The nation’s court system has been ground zero for pushback to President Donald Trump’s sweeping conservative agenda, with about 200 lawsuits filed challenging policies on everything from immigration to education to mass layoffs of federal workers.
In the cases that have reached the Supreme Court so far, the justices have handed down some largely procedural rulings siding with the administration but have rejected the government’s broad arguments in other cases.
Whitehurst writes for the Associated Press.