Supreme Court to decide if DOGE records fall under transparency law
Supreme Court to decide if DOGE must disclose records under federal transparency law.
Event / Politics
US Supreme Court 2026 Term
Significant cases decided by the US Supreme Court during the 2026 term, including government transparency, executive privilege, and constitutional matters.
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2026-10-06 to 2026-10-28 · UTC publication dates
Coverage begins 6 Oct, 02:48 UTC
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What happened
Supreme Court agrees to hear arguments in DOGE records lawsuit
The Supreme Court agreed on Tuesday to hear arguments in Citizens for Responsibility and Ethics in Washington's lawsuit seeking access to public records about the Department of Government Efficiency (DOGE). This marks the second time the high court is intervening in the case, which seeks DOGE records from its operations in the early days of President Trump's second term. The Trump administration requested the court hear the case.
CREW claims DOGE is a federal agency subject to FOIA
Citizens for Responsibility and Ethics in Washington asserts that DOGE is a federal agency and therefore must be subject to Freedom of Information Act requirements. CREW argues the public has a right to know how DOGE helped carry out a sweeping overhaul of government operations in 2025, and states that undisputed facts in the public record confirm DOGE was wielding enormous independent authority across the federal government.
Trump administration argues DOGE is exempt from Freedom of Information Act
The Trump administration contends that DOGE is exempt from Freedom of Information Act (FOIA) requirements because it operates as a presidential advisory body. Justice Department attorneys argued that subjecting advisory bodies to discovery would trigger concerns Congress sought to avoid by excluding presidential advisory bodies from FOIA's reach, citing separation-of-powers principles.
Supreme Court previously reined in lower court DOGE records order
In June 2025, the Supreme Court's conservative majority concluded that U.S. District Judge Christopher Cooper ruled too broadly in ordering the government to produce DOGE-related records to CREW. The high court reined in that initial district court order, directing consideration of separation-of-powers concerns in subsequent proceedings.
District judge and appeals court sided with CREW on DOGE records
U.S. District Judge Christopher Cooper ruled in favor of CREW and ordered expedited processing of the group's FOIA records request. An appeals court panel also sided with CREW, but the Trump administration claims the panel ignored the Supreme Court's direction to consider separation-of-powers concerns and impermissibly authorized a sworn deposition of DOGE acting administrator Amy Gleason.
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U.S. Supreme Court begins new term with cases involving Trump appeals and 2026 election challenges
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Trump seeks Supreme Court reversal of $83 million E. Jean Carroll defamation judgment
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Supreme Court to hear climate damages lawsuit from local governments against energy companies
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Trump appeals to Supreme Court to revive claims against Hillary Clinton and DNC from 2016
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Survey shows majority of Americans believe Supreme Court is motivated by politics
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