US Supreme Court to Hear Landmark Case Over Elon Musk’s DOGE Records

The United States Supreme Court has agreed to hear a high-stakes lawsuit concerning public access to records from Elon Musk’s Department of Government Efficiency (DOGE). This marks the second time the high court has intervened in the legal battle between the watchdog group Citizens for Responsibility and Ethics in Washington (CREW) and the Trump administration.

The case centers on whether DOGE is subject to the Freedom of Information Act (FOIA). CREW argues that the department functions as a federal agency and should therefore disclose records regarding its operations during the early phase of President Donald Trump’s second term. Conversely, the Trump administration maintains that DOGE operates as a presidential advisory body, which exempts it from FOIA requirements to protect the autonomy and confidentiality of presidential advisers.

Last year, the Supreme Court issued a ruling in June 2025 that narrowed a lower court’s order demanding the release of these documents. The conservative majority concluded that US District Judge Christopher Cooper had interpreted the scope of his order too broadly. Although Cooper initially ruled in favor of CREW and mandated expedited processing of the records request, the subsequent appeals court decision also favored the watchdog group.

Justice Department lawyers contested the appeals court’s ruling, arguing that it ignored the Supreme Court’s prior guidance regarding separation-of-powers concerns. The administration stated that subjecting advisory bodies to intrusive discovery would undermine the congressional intent behind excluding presidential advisers from FOIA. They further argued that the appeals court improperly authorized a sworn deposition of DOGE acting administrator Amy Gleason.

CREW contends that the lower courts fully complied with the previous Supreme Court directive. Nikhel Sus, a lawyer for CREW, emphasized in a statement that lower courts have consistently ruled the group is entitled to records that could determine whether DOGE wields sufficient authority to be classified as a federal agency subject to transparency laws.

“We will continue to pursue transparency for the American people, who deserve to know the details of the Trump Administration’s efforts to unilaterally remake the federal government,” Sus said. CREW asserted that undisputed public facts, including statements by the President, confirm that DOGE was exercising significant independent authority across the federal government in 2025.

The push for transparency comes amid scrutiny of DOGE’s claimed financial impact. While the department reports slashing tens of billions in expenditures, independent verification has proven difficult. A recent report by the Government Accountability Office found that some of DOGE’s claimed savings were incorrect, lacked supporting evidence, or included terminations that were already in progress when DOGE was established.