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ARTICLE · 20 JUNE 2025

Supreme Court Rules DOGE Can Access Social Security Data And Avoid FOIA—for Now

Ogletree, Deakins, Nash, Smoak & Stewart
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On June 6, 2025, the Supreme Court of the United States released two decisions on its emergency docket with serious implications for federal agencies...

United StatesPrivacy

On June 6, 2025, the Supreme Court of the United States released two decisions on its emergency docket with serious implications for federal agencies, companies that do business with the government, and the data of millions of Americans.

First, in Social Security Administration v. American Federation of State, County, and Municipal Employees, the Court struck down an en banc Fourth Circuit Court of Appeals ruling that had enjoined the Social Security Administration (SSA) from granting Department of Government Efficiency (DOGE) personnel access to certain personally identifiable information unless they met certain security criteria while the underlying dispute played out.

Second, in U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington, the Court exempted DOGE from responding to a nonprofit's Freedom of Information Act (FOIA) request for information regarding its recommendations to the president, as well as whether those recommendations

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