U.S.Court order
Supreme Court agrees to hear DOGE challenge to FOIA discovery order
The U.S. Supreme Court on October 13, 2026 agreed to hear U.S. DOGE Service v. U.S. District Court for the District of Columbia, which asks what discovery trial courts may order in a dispute over whether DOGE is an agency subject to the Freedom of Information Act, SCOTUSblog reported. The case arises from a FOIA request by Citizens for Responsibility and Ethics in Washington.
Key points
- CREW sought communications between DOGE administrator Amy Gleason and staff, DOGE personnel financial disclosures, and expedited discovery on DOGE's agency status.SCOTUSblog
- U.S. District Judge Christopher Cooper granted most discovery requests; in June 2025 the Supreme Court called parts too broad and paused them.SCOTUSblog
- After CREW dropped requests about DOGE recommendations, the lower courts declined to block the revised discovery.SCOTUSblog
- Solicitor General D. John Sauer says the D.C. Circuit approved intrusive discovery against a presidential advisory body, citing Cheney v. U.S. District Court.SCOTUSblog
- CREW argued the D.C. Circuit followed the Supreme Court's earlier interim-docket instructions "to the letter."SCOTUSblog