The Fourth Circuit Court of Appeals has vacated a preliminary injunction that had blocked the Department of Government Efficiency (DOGE) from accessing sensitive personal data held by three major federal agencies.
In the 2-1 decision issued August 12, the appeals court ruled that labor unions and federal employee groups were unlikely to succeed in their legal challenge against DOGE’s access to databases containing Social Security numbers, financial records, medical information, and other highly sensitive personal data.
Writing for the majority, Judge Richardson introduced what the court termed a “multiplicative problem” in evaluating preliminary injunctions involving multiple legal issues. The court argued that when plaintiffs must prevail on several independent questions to win their case, their overall likelihood of success diminishes significantly, even if they have strong arguments on individual issues.
The majority identified four key hurdles for the plaintiffs: (1) that they are likely to succeed on the merits (2) that they are likely to suffer irreparable harm in the absence of preliminary relief, (3) that the balance of equities tips in their favor, and (4) that the injunction is in the public interest.
In a dissent, Judge King accused the majority of creating an improperly “heightened standard” that makes it virtually impossible for plaintiffs to obtain preliminary injunctions in complex cases involving government data access.
“The district court did exactly what it was obliged to do,” King wrote, arguing that the lower court properly analyzed each legal issue and correctly found plaintiffs likely to succeed overall.
The lawsuit stemmed from Executive Order 14,158, issued by President Trump on January 20, which established DOGE teams within federal agencies and granted them “full and prompt access to all unclassified agency records, software systems, and IT systems”.
Within weeks, the Department of Education, Office of Personnel Management, and Treasury Department had each granted DOGE-affiliated employees extensive database access.
The challenge was brought by the American Federation of Teachers, International Association of Machinists and Aerospace Workers, National Active and Retired Federal Employees, National Federation of Federal Employees, and six individual federal workers.
The organizations argued that DOGE’s access to databases containing information about their members violated the Privacy Act of 1974 and Administrative Procedure Act. The sensitive data includes Social Security numbers, bank account information, medical records, home addresses, and citizenship status.
The decision comes after the Supreme Court in June granted DOGE access to Social Security Administration records in a related case, with the conservative majority overruling a 6-3 vote objections from the Court’s three liberal justices.
The original district court decision by Judge Deborah Boardman had found that the agencies likely violated the Privacy Act by disclosing their personal information to DOGE affiliates without their consent.
The temporary restraining order and subsequent preliminary injunction had been in place since February 2025, though the Fourth Circuit had stayed the injunction in April while considering the government’s appeal.
