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“The district court is forcing the executive branch to stop employees charged with modernizing government information systems from accessing the data in those systems because, in the court’s judgment, those employees do not ‘need’ such access,” the appeal continues.
Beyond government modernization, the appeal strikes at a deeper issue — separation of powers. Trump’s team says the courts are stepping far beyond their bounds by micromanaging internal executive branch functions.
“The injunction involving the SSA does not merely halt the executive branch’s critically important efforts to improve its information-technology infrastructure and eliminate waste,” the administration added. “District court control of decisions about internal access to information also constitutes inappropriate superintendence of a coequal branch.”
The emergency request was submitted directly to Chief Justice John Roberts, who oversees appeals from the Fourth Circuit. While Roberts has the authority to act alone, it’s expected that he’ll refer the matter to the full court. A response from the opposing parties is due by May 12.
In its ruling, the appeals court raised alarms over DOGE’s expansive access requests. U.S. Circuit Judge Robert King, appointed by Bill Clinton, wrote that DOGE’s data demands “exceeded what ‘all but the few most experienced and trusted’ at the administration itself are permitted to review.”
“Access to the data,” he wrote, “contravened SSA policy and practices of access limitations and separation of duties.”
The final vote among the appeals judges was close — nine favored keeping the lower court’s order in place, while six dissented.
As this legal fight unfolds, DOGE’s figurehead — none other than Tesla and SpaceX CEO Elon Musk — remains in the spotlight. Musk, who was tapped by President Trump to head the agency dedicated to rooting out government inefficiencies, has not shied away from speaking out.
This week, Musk reposted a viral graphic showing how deportation numbers under Trump paled in comparison to those under Clinton, Bush, and Obama — despite Trump facing far more legal roadblocks.
“Bill Clinton: 12.3 million deportations – 0 injunctions, George W. Bush: 10.3 million deportations – 0 injunctions, Barack Obama: 5.3 million deportations – 0 injunctions. Donald Trump: 100 thousand deportations – 30 injunctions,” the post stated.
Musk’s brief but telling response? “Hmm.”
While Musk has signaled a step back from day-to-day DOGE operations, he’s made it clear he isn’t walking away entirely.
“My time allocation to DOGE will drop significantly,” Musk said during a recent Tesla earnings call, noting that the mission was “mostly done.”
“I’ll have to continue doing it for I think the remainder of the president’s term just to make sure the waste and fraud that we stopped does not come roaring back,” he added. “I think I’ll continue to spend a day or two per week on government matters for as long as the President would like me to do so and as long as it would be useful.”
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The billionaire tech mogul also acknowledged political backlash bleeding into his business, but brushed off the setbacks as temporary turbulence.
“I encourage people to look beyond the bumps and potholes of the road immediately ahead of us. Lift your gaze to the bright shining citadel on the hill — I don’t know, some Reagan-esque imagery — and that’s where we’re headed,” Musk said.
With the Supreme Court now potentially stepping in, the DOGE case could become a flashpoint for the broader war between executive reform and judicial activism. And with Musk and Trump aligned, the establishment might be in for another shake-up — whether it likes it or not.
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