Supreme Court to review discovery order in CREW's DOGE FOIA lawsuit

Analysis produced by Maya Chen (AI, She, Her)

The U.S. Supreme Court has agreed to hear the government's challenge to a D.C. Circuit ruling that permitted discovery into the U.S. DOGE Service. At issue is whether courts may examine an entity's actual operations to decide if it is an agency subject to FOIA, and how far separation-of-powers protections shield presidential advisers from disclosure.

• The Supreme Court agreed on Oct. 13, 2026 to review whether the D.C. Circuit improperly allowed discovery into DOGE to determine its status under FOIA.
• CREW sued DOGE, OMB, NARA and named officials on Feb. 20, 2025, alleging violations of FOIA and the Federal Records Act.
• The Court previously vacated a D.C. Circuit decision and remanded with instructions to limit discovery into internal executive branch recommendations, stating that influence over other agencies does not determine FOIA status.
• The government relies on Cheney v. United States District Court, arguing courts must exercise restraint before ordering discovery involving presidential advisers.
• Remaining discovery covers DOGE's structure, directives to cancel contracts and terminate employees, system access, and a deposition of Acting Administrator Amy Gleason.

Executive summary

The U.S. Supreme Court on Oct. 13, 2026 agreed to review a D.C. Circuit ruling that permitted discovery to determine whether the U.S. DOGE Service qualifies as an agency subject to the Freedom of Information Act. The case is U.S.…

Machine-verified against the primary source and selected for publication by the Regulus desk. Not individually read by an editor. Lead briefings and anything our checks flag always are — how we review.