Fourth Circuit en bloc vacates injunction blocking DOGE personnel access to SSA data
The full Fourth Circuit Court of Appeals vacates the preliminary injunction blocking DOGE personnel from accessing sensitive Social Security Administration data in an en banc ruling on April 10, 2026. Judge Toby Heytens writes the majority opinion, finding plaintiffs had not adequately shown irreparable harm. The case is remanded to the district court for further proceedings. Multiple concurring and dissenting opinions reflect deep division over whether the Supreme Court's prior stay order constitutes binding precedent — Judge Richardson in concurrence says yes; Judge Wynn in dissent says no. DOGE's access to SSA data involves personal information of tens of millions of Americans. The Appointments Clause question — whether DOGE personnel without Senate confirmation can access agency data — remains unresolved.