Supreme Court takes up dispute over access to DOGE records

The Supreme Court has agreed to hear a dispute over access to records related to the Department of Government Efficiency (DOGE), a controversial cost-cutting entity. The case, U.S. DOGE Service v. U.S. District Court for the District of Columbia, could be argued early in 2027 with a decision expected by summer.

DOGE, created by billionaire Elon Musk during Trump's second term, has been involved in the firings of federal workers, cancellations of government contracts, and the shutdown of agencies. However, its advisory nature has raised questions about whether it falls under public records law.

In early 2025, Citizens for Responsibility and Ethics in Washington (CREW) filed a Freedom of Information Act request for information about DOGE, including its organizational chart and financial disclosures. The Trump administration refused to process the request, citing DOGE's status as an advisory entity housed within the Executive Office of the President. CREW subsequently sued, seeking a court order declaring DOGE subject to FOIA.

A judge allowed CREW to collect limited information about DOGE's structure and authority, and to conduct a deposition with DOGE's administrator, Amy Gleason. However, the Trump administration appealed to the Supreme Court, arguing that a full disclosure could infringe upon the autonomy and confidentiality of presidential advisors and burden future administrations with similar FOIA suits. The Court disagreed, setting aside a lower court order and sending the case back for more proceedings.