By Matthew Vadum

The Supreme Court on Oct. 13 agreed to decide whether a federal judge improperly ordered broad discovery against the U.S. DOGE Service in a Freedom of Information Act (FOIA) lawsuit that pits a watchdog group’s demand for records against the government’s claim that the order reaches too deeply into internal executive branch advice.

The decision took the form of an unsigned order without comment. No justices dissented.

Discovery is part of the evidence-gathering process in litigation.

DOGE is the Department of Government Efficiency, a White House office formed in early 2025 to reduce federal spending and regulations. It was led by tech entrepreneur Elon Musk until he left in May 2025.

DOGE officially shut down on July 4 after reaching the end of its limited, 18-month term.

DOGE garnered both strong praise from conservatives and fiscal hawks and fierce criticism from liberals and federal employee unions for its recommendations, which included dismantling agencies such as the U.S. Agency for International Development (USAID) and spending freezes.

More than a dozen lawsuits were filed against DOGE by state attorneys general, federal employee unions, and civil liberties organizations, alleging the agency wielded unchecked power outside its legal authority.

The new case isn’t about DOGE’s policies—it concerns whether the office has to hand over its records under FOIA.

Citizens for Responsibility and Ethics in Washington (CREW) filed the underlying lawsuit in federal court in Washington in February 2025.

The case has yet to be scheduled for oral argument. That hearing is likely to take place in early 2027.

Jack Phillips contributed to this report.