Supreme Court takes up Trump administration appeal over DOGE records request

Left · 2The Supreme Court on Tuesday agreed to hear a Trump administration appeal in a dispute over whether the Department of Government Efficiency (DOGE) must give information to the watchdog group Citizens for Responsibility and Ethics in Washington (CREW) under the Freedom of Information Act (FOIA). 1 2 Left · 2CBS News reports the case is U.S. DOGE Service v. U.S. District Court for the District of Columbia, with arguments likely in early 2027; NBC News says a ruling is due by the end of June, and CBS says a decision should come by that summer. 2 1 Left · 2The case began when CREW filed a FOIA request in early 2025 for information about DOGE, including its organizational chart and financial disclosures. The administration declined to process it, arguing that DOGE sits within the Executive Office of the President and is a purely advisory body not covered by FOIA, and CREW sued. 2 1

Left · 2In March 2025, U.S. District Judge Christopher Cooper ruled that DOGE is "likely" covered by FOIA, and a judge allowed limited discovery, including a deposition of DOGE administrator Amy Gleason, on whether DOGE is an agency or an advisory body. 1 2 Left · 2The case has been to the Supreme Court before. In a 6-3 provisional decision, the court set aside the order requiring DOGE to turn over information, citing separation-of-powers concerns about discovery into internal executive branch communications, and told the D.C. Circuit to narrow the order. That also meant Gleason could not be deposed. 2 1 Left · 2CREW then narrowed its requests to DOGE's structure, its directives to cancel federal contracts and fire workers, and examples of DOGE exercising substantial independent authority, such as gaining access to sensitive systems. The D.C. Circuit allowed that discovery to proceed, finding the narrowed request consistent with the Supreme Court's order. CREW says none of its remaining requests concern communications with the White House. 2 1

Left · 2Solicitor General D. John Sauer asked the justices to intervene again. He wrote that the lower-court ruling "intrudes into the autonomy and confidentiality of presidential advisors" and could burden future administrations with FOIA suits meant to gain discovery against advisors. The administration also argues CREW would get much of what it wants before any court decides whether DOGE is covered by FOIA. NBC reports the information requests remain on hold while the case proceeds. 2 1 Left · 1The administration says DOGE, despite its name, is merely a presidential advisory body. NBC notes that DOGE effectively replaced the U.S. Digital Service, which the administration now calls the U.S. DOGE Service, or USDS. The core question is whether DOGE is technically an agency. 1 Left · 2DOGE, led by Elon Musk, who left in May 2025, drove federal firings and contract cancellations and helped dismantle USAID and the U.S. Institute of Peace. It drew concern over its access to databases at the IRS, Social Security Administration and Office of Personnel Management. NBC says its operations have since dwindled, and CBS cites a GAO analysis finding $9.5 billion in administrative leave costs in 2025. 2 1