Supreme Court takes DOGE transparency case in major separation of powers test
The justices will decide what discovery orders trial courts can issue over Trump's efficiency agency, reviving a clash over executive privilege and FOIA.
What to know
- The Supreme Court will decide the scope of trial court authority to order document disclosure in FOIA disputes involving the executive branch.
- The case turns on conflicting claims about executive privilege and separation of powers: whether courts can compel disclosure of internal presidential communications and recommendations.
- Three justices (Sotomayor, Kagan, Jackson) previously objected to the Court's intervention halting discovery; the full bench now takes the case.
- CREW narrowed its requests after the Court's June 2025 order, no longer seeking information about DOGE 'recommendations,' and lower courts declined to block the revised discovery.
“has continued to approve intrusive discovery aga…”
D. John Sauer, U.S. Solicitor General · SCOTUSblog ↗ · Feb 28
D. John Sauer U.S. Solicitor GeneralCitizens for Responsibility and Ethics in Washington Government watchdog groupJudge Christopher Cooper U.S. District JudgeAmy Gleason DOGE AdministratorSupreme Court Appellate authority
How it unfolded 0 developments, newest first · click a bar or a number to jump
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Supreme Court grants DOGE case for 2026-27 oral argument docket — The Supreme Court on Tuesday added U.S. DOGE Service v. U.S. District Court for the District of Columbia to its oral argument docket, agreeing to decide what kinds of orders trial courts can issue in disputes over access to government information.
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Lower courts decline to block narrowed CREW discovery requests — When the case returned to the lower courts, CREW modified its discovery requests to no longer seek information about "recommendations" made by DOGE employees. The lower courts then declined to block CREW's revised requests.
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Justices Sotomayor, Kagan, and Jackson dissent from Supreme Court order — Three justices objected to the Court's decision to intervene and halt the discovery orders.
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Supreme Court temporarily halts broad discovery orders, sends case back to lower court — In an unsigned June 2025 order, the Supreme Court majority ruled that portions of Judge Cooper's discovery order requiring disclosure of DOGE's internal recommendations and whether they were followed were too broad. The Court held that separation of powers concerns "counsel judicial deference and restraint" regarding internal Executive Branch communications and put Cooper's orders on hold pending further litigation.
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Solicitor General Sauer appeals to Supreme Court on separation of powers grounds — U.S. Solicitor General D. John Sauer petitioned the Supreme Court in May 2025, arguing that the discovery requirements offended separation of powers by compromising executive confidentiality.
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Judge Cooper grants most of CREW's discovery requests — U.S. District Judge Christopher Cooper granted most of CREW's discovery requests. When DOGE appealed to the D.C. Circuit to pause the order, the appeals court turned down DOGE's plea.
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DOGE returns to Supreme Court seeking final resolution — DOGE petitioned the Supreme Court in March 2026, again asking the justices to intervene. Sauer told the Court that the D.C. Circuit "has continued to approve intrusive discovery" despite the Court's earlier concerns.
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CREW seeks expedited discovery in federal court — The watchdog group filed suit in U.S. District Court in Washington, seeking to fast-track discovery to determine whether DOGE qualifies as a federal agency subject to FOIA. CREW requested a list of current and former DOGE employees, positions DOGE had recommended for termination, government contracts and grants DOGE had recommended be canceled, and the opportunity to depose Gleason.
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CREW files FOIA request for DOGE communications and financial records — Citizens for Responsibility and Ethics in Washington, a government watchdog group, filed a Freedom of Information Act request for communications between DOGE administrator Amy Gleason and DOGE staff, as well as financial disclosures submitted by DOGE personnel.
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Trump creates Department of Government Efficiency — President Trump established DOGE in January 2025 to "modernize Federal technology and software to maximize governmental efficiency and productivity" as part of his agenda to reduce the size of the federal government. Although not cabinet-level, the department became widely involved in Trump's downsizing efforts.