Chief Justice John Roberts issued a temporary pause on a lawsuit demanding access to documents related to the Department of Government Efficiency (DOGE). The halt comes amid growing national interest in the controversial agency’s secretive operations.
On Friday, May 23, 2025, Roberts issued an administrative stay, temporarily blocking a judge’s decision to allow limited discovery. The discovery phase was designed to assess whether DOGE qualifies as a federal agency, making it accountable under the Freedom of Information Act (FOIA).
This legal challenge landed on Roberts’ desk by default, as he is responsible for emergency appeals in the nation’s capital. His decision will hold until the court either overturns or upholds two lower court rulings that allowed discovery to move forward.
The government argues that DOGE does not meet the criteria of a federal agency. Instead, Solicitor General D. John Sauer claimed in his emergency application that DOGE is merely a “presidential advisory body” operating under the Executive Office of the President.
Sauer criticized the discovery order issued by U.S. District Judge Christopher Cooper, describing it as “sweeping and intrusive.” Cooper, appointed by former President Obama, had authorized the review of DOGE personnel, internal communications, and recommendations sent to federal agencies. He also approved a deposition of acting DOGE Administrator Amy Gleason.
Sauer argued that allowing such discovery flips the FOIA process, essentially giving the plaintiffs an early victory without proving DOGE is subject to the law. “That order turns FOIA on its head,” he said in his filing.
The government’s appeal followed a decision by the U.S. Court of Appeals for the D.C. Circuit, which had ruled in favor of allowing discovery to proceed. Now, the Supreme Court is being asked to weigh in on what could become a landmark decision concerning executive transparency.
The lawsuit was filed by Citizens for Responsibility and Ethics in Washington (CREW), an organization focused on government transparency. CREW claims the American public has a right to know how DOGE operates, particularly as it appears to influence major governmental decisions behind closed doors.
CREW’s attorney, Nikhel Sus, accused the government of attempting to leap ahead to a final ruling on DOGE’s status without addressing the narrow legal question of whether discovery is even allowed. “At issue here is a far narrower antecedent question,” Sus stated in his brief.
The case has attracted national attention not only because of the agency’s opaque structure but also due to its association with high-profile tech entrepreneur Elon Musk. Musk served as a special government employee in DOGE during President Trump’s term, though he recently suggested he would be stepping back from any such role.
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