The en banc opinions of the Fourth Circuit in AFSCME v. Social Security Administration, dealing with the Temporary Restraining Order issued by the district judge against the SSA providing DOGE with unfettered access to the personal, non-anonymized information of pretty much everyone in America for no particularly good reason, was ultimately stayed by the Supreme Court for no particularly good reason. It is an exercise in legal masturbation in its purest form.
The majority, in an opinion by Judge Toby Heytens, with three concurrences and a partial concurrence and a dissent, took the position that there was no new irreparable harm, warranting a TRO, and that any harm could be cured by compensation, and therefore wasn’t irreparable. Continue reading
