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.
The new case isn’t about DOGE’s policies—it concerns whether the office has to hand over its records under FOIA.
The case has yet to be scheduled for oral argument. That hearing is likely to take place in early 2027.
This is a developing story. It will be updated.
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