The Trump administration asked the Supreme Court on Friday to allow members of Elon Musk's administration's efficiency ministry to obtain sensitive records from the Social Security Agency.
Deputy Attorney General D. John Sauer wrote: “This emergency application presents a now familiar subject: the district court has issued a comprehensive injunctive relief, without legal authority to cause irreparable harm to sustain irreparable federal priorities and to prevent the functions of the executive branch.”
In recent weeks, the government has filed barrage of such applications, including one in Thursday’s immigration case. Some of them are awaiting the judge's decision and they will also hear the scope of allowed bans on May 15 that challenge President Trump's challenge to eliminate citizenship with the right to birth.
Mr. Trump and his allies complained distressedly about the lower judges who blocked his initiative, including issuing a nationwide applicable ban.
Judge Ellen L. Hollander of the U.S. District Court of Maryland imposed strict conditions last month on the agency’s “commitment to the privacy and confidentiality of personal information entrusted to the agency by the American people.”
Judge Holland said the agency could “access edited or anonymous data and records” but could only undergo background checks and meet other requirements after training in privacy laws and policies.
The U.S. Court of Appeals for the Fourth Circuit rejected the government's request to suspend the judge's injunction as the appeal progresses.
The Supreme Court ordered the Challengers, two unions and an advocacy group to respond to the government's application by May 12.
Mr. Thor wrote that Justice Holland, appointed by President Barack Obama, exceeded her powers. “The District Court is forcing the administration to prevent employees from accessing data in these systems through modern government information systems, because in the court's judgment, these employees do not need 'need' such access.”
He added: “If the District Court has a professional knowledge of the agency staff and designated mission, it is a task to reduce waste and fraud, the government will not be able to eliminate waste and fraud.”
In other lawsuits, Mr. Musk's active intrusion of government records, with some judges issuing similar orders prohibiting officials from handing over sensitive data. When President Trump has been working to expel students and other foreign nationals, lawyers argue that institutions’ data systems can be used to help wider immigrant repression.
Judge Holland wrote in the ruling: “The violation of the personal affairs of millions of Americans – there is no sufficient explanation for the proper explanation of the need to do so – especially because the agency has long communicated to the public its commitment to privacy.
She added: “It is certain that it is in the public interest to root possible fraud, waste and mismanagement in agencies. However, this does not mean that the government can violate the law.”
Mr. Thor told the judge that Judge Holland should not be allowed to interfere with the executive branch’s actions.
“The flawed injunction of the District Court, lifting the urgent priorities of the administration for modernizing the government information system, and avoiding fraud, waste and abuse – all of which should provide information to the agency and know that other government employees have access to their data.”
