A divided federal appeals court panel on Monday ruled that the Department of Government Efficiency (DOGE) can access records in two federal agencies, reversing a lower court order.
In a 2-1 opinion, the 4th U.S. Circuit Court of Appeals lifted the injunction imposed by U.S. District Judge Deborah Boardman in Maryland that barred DOGE from accessing personal records in the Education Department and the Office of Personnel Management (OPM).
The Virginia-based appeals court also voted 8-7 against taking up the issue “en banc,” in which all judges on the court would decide.
Boardman’s order in March also restricted DOGE’s access to the Treasury Department. An injunction issued by another district judge in New York that blocked the organization’s access to Treasury data remains in effect….