The Supreme Court blocked discovery into President Donald Trump’s Department of Government Efficiency on Friday, keeping records about controversial cost-cutting operations out of the hands of an ethics watchdog.
In an apparent 6-3 ruling, the justices paused an appeals court ruling granting limited discovery into DOGE’s records. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented.
The Trump administration argues DOGE isn’t subject to FOIA requests since it’s not a real agency but rather a presidential advisory body within the executive office. Certain presidential advisers are exempt from requests for information so they can provide confidential advice to the president.
Lower courts rejected this argument, instead viewing DOGE as a regular federal agency and therefore subject to records requests. Chief Justice John Roberts, a George W. Bush appointee, temporarily paused discovery ahead of a May 27 deadline.
“Forcing advisory bodies to disclose their communications and other documents in discovery triggers the very concerns that Congress sought to avoid by excluding presidential advisory bodies from FOIA’s reach,” U.S Solicitor General John Sauer wrote.
Citizens for Responsibility and Ethics in Washington, or CREW, wants to shed light on DOGE’s structure and operations. The group filed a Freedom of Information Act request in January and sued after the request was ignored.
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