Can the Public See DOGE’s Records? The Supreme Court Takes Up a Key Fight

The Supreme Court has agreed to decide whether a government watchdog can seek discovery in its lawsuit over the Department of Government Efficiency, which no longer exists. The answer could determine whether the Freedom of Information Act covers DOGE, the effort Elon Musk led, and may shape public access to government records more broadly, according to Time.

Citizens for Responsibility and Ethics in Washington sued after it filed a records request on Jan. 24, 2025 and received nothing. The Trump Administration contends DOGE was a presidential advisory body rather than a federal agency, so the transparency law does not reach it. On April 15, 2025, Judge Christopher Cooper allowed discovery to begin. The Justice Department appealed, and the justices paused the orders in May 2025, then told the appeals court on June 6 to narrow them. CREW trimmed its demands, the D.C. Circuit approved them, and the administration returned to the high court, calling the discovery intrusive.

Margaret Kwoka of Ohio State University says discovery is the only route to facts about how DOGE operated, and Georgetown's Sara Creighton says losing it could leave CREW struggling to proceed. A decision is anticipated by the close of the term in mid-2027.

Summarized by PolitiKool from Time’s reporting. Read the full story at Time →