Supreme Court to review DOGE discovery after remand

The Supreme Court agreed on October 13, 2026, to review a D.C. Circuit ruling allowing narrowed discovery in a lawsuit over whether the U.S. DOGE Service is subject to the Freedom of Information Act. The government’s petition challenges the appeals court’s handling of discovery after the Supreme Court sent the dispute back for narrowing in June 2025.

The grant, in U.S. DOGE Service v. U.S. District Court for the District of Columbia, No. 25-1103, is not a decision on whether DOGE falls under FOIA. It also does not require the government to disclose records sought by Citizens for Responsibility and Ethics in Washington, or CREW.

Discovery was narrowed after the Supreme Court intervened

CREW brought the underlying lawsuit after seeking DOGE-related records under FOIA. The government disputed that DOGE was covered by the law. The district court allowed discovery bearing on that question, and the government challenged the discovery orders.

On June 6, 2025, the Supreme Court intervened in the dispute, vacated an earlier D.C. Circuit order denying the government’s request for relief, and sent the matter back for further consideration. The justices said discovery seeking information about DOGE recommendations and whether they were followed was not appropriately tailored, and directed the appeals court to narrow the discovery order.

After the remand, CREW withdrew requests concerning recommendations made by DOGE employees and others. On July 14, 2025, the D.C. Circuit excluded those withdrawn requests from the discovery order but denied the government’s request for relief as to the remaining discovery. That ruling allowed the narrowed discovery to proceed; it did not restore every request included in the original dispute.

The remaining discovery concerns DOGE’s structure and authority. It includes authorization for a deposition of acting administrator Amy Gleason; the record establishes that the deposition was authorized, not that it has taken place. The current petition, filed March 18, 2026, challenges the D.C. Circuit’s post-remand decision allowing this remaining discovery.

Government and CREW dispute the scope of inquiry

The administration argues that DOGE is an advisory body to the president and outside FOIA. It says the remaining discovery intrudes on executive-branch confidentiality and raises separation-of-powers concerns. CREW argues that the D.C. Circuit followed the Supreme Court’s instructions and that discovery is needed to determine whether DOGE exercised authority relevant to FOIA coverage.

That coverage question is distinct from whether specific records CREW requested must be released. The Supreme Court’s October 13 grant changes neither the government’s disclosure obligations nor CREW’s entitlement to particular records. Those issues remain unresolved.

The case now proceeds to Supreme Court merits proceedings. As of October 13, the Court’s docket did not list an argument date or merits-briefing schedule.