The Supreme Court has reined in a lower-court order that allowed a watchdog group wide-ranging access to records of the Trump administration’s Department of Government Efficiency.
The high court’s majority said a judge’s directive allowing Citizens for Responsibility and Ethics in Washington to examine DOGE’s recommendations for cost savings at executive branch agencies was “not appropriately tailored.”
In a two-page order Friday, the Supreme Court said such access was not a proper way to resolve an ongoing dispute about whether DOGE is a federal agency subject to the Freedom of Information Act or operates as a presidential advisory body that does not have to share its records with the public.
“Separation of powers concerns counsel judicial deference and restraint in the context of discovery regarding internal Executive Branch communications,” the court’s majority wrote.
All three of the court’s liberal justices indicated they disagreed with the decision, but none provided an explanation of her views.
The court’s action amounted to a partial victory for the Trump administration, which filed an emergency appeal in an effort to avoid complying with orders from U.S. District Judge Christopher Cooper, who is overseeing CREW’s lawsuit.
However, the high court’s order appears to leave the door open for CREW to seek records and take testimony about DOGE’s structure and authority.
The Trump administration has insisted that the DOGE team simply makes recommendations to agency officials, who have the final decision on budget and staff cuts. However, Cooper said there were strong indications that DOGE’s recommendations were routinely approved wholesale, suggesting they were more like orders than suggestions.