Moreover this was an en banc loss! Here's the opinion / order denying Trump a stay -- and a bit:
. . .Among the evidence detailed in the PI Opinion is evidence of SSA being in the "crosshairs" of the new Trump Administration, based on the President and his agents' broadly publicized allegations of widespread incompetence and fraud in the Social Security System and descriptions of it as a "Ponzi scheme." See PI Opinion 17-19. The PI Opinion also discusses evidence that — since being created by Executive Order of January 20, 2025, "to implement the President's DOGE Agenda, by modernizing Federal technology and software to maximize governmental efficiency and productivity" — DOGE has "wrought havoc" on SSA. Id. at 15, 19-21 (quoting Executive Order 14,158, 90 Fed. Reg. 8441 (Jan. 20, 2025)).
Of. . . relevance herein, the PI Opinion focuses on evidence that SSA leadership abruptly accorded DOGE and its affiliates unfettered access to SSA systems of record containing personally identifiable information. This included access to "family court records and school records" of children, as SSA "pays more benefits to children than any other federal program." See PI Opinion 5 (internal quotation marks omitted). It also included access "to extensive medical and mental health records" of SSA disability benefits recipients, such as "medical and mental health treatment records, prescription medications, hospitalization records, records of medical tests performed by the listed providers (with the enumerated list including HIV, AIDS, and psychological/IQ tests), and addiction treatment records. . . .
Again -- it would be very hard to imagine a legitimate purpose for Elon Musk to see such records. [Obviously, he could charge a dear price to insurers and employers for such triangulated data, on individual Americans.] So. . . even if they appeal to the Supremes, they are destined to lose.
नमस्ते
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