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Chief Justice John Roberts on Friday temporarily paused action in an emergency appeal dealing with whether the Department of Government Efficiency must turn over public documents – like other government agencies – or whether it is shielded from such requests because it is part of the White House.
The case raises fundamental questions about the power and transparency of an entity that, at Elon Musk’s direction, slashed agency budgets and government employees with unusual speed and that has inspired a wave of federal lawsuits against the Trump administration.
Roberts, who handles emergency cases rising from the federal appeals court in Washington, DC, issued an administrative stay to halt action for a short period to give the justices time to review the written briefing in the case. As is typically the case with such orders, he did not explain his reasoning.
The emergency appeal from President Donald Trump’s administration had requested that the justices halt a lower court order that would allow a government watchdog group to depose DOGE staff to better understand the entity’s role within the federal government, as they argue it should be covered under the transparency law known as the Freedom of Information Act. That underlying request remains pending.
Chioma Chukwu, executive director of the watchdog group American Oversight, said the group was “deeply disappointed” by Roberts’ decision.
“This decision delays much-needed answers about the shadowy operations of DOGE and the role Elon Musk and others are playing in reshaping our federal government behind closed doors,” she said.
The underlying question in the case is whether DOGE is an agency that, like most other parts of the government, is subject to public review. If it is, that could serve as a check on what DOGE can accomplish both by allowing the public to see what’s happening behind the scenes, and by giving legal challengers information they could use to potentially reverse some of its most drastic actions.
More than a dozen emergency cases involving Trump’s second term have reached the Supreme Court in recent months, including two dealing with DOGE. The other DOGE case involves the entity’s effort to review Social Security Administration data.
After several months leading DOGE, Musk has said he is taking a step back from full-time government work so can he focus more attention on his companies.
In the appeal, US Solicitor General D. John Sauer described DOGE as a “presidential advisory body” within the White House that is tasked “with providing recommendations” to Trump. Given those advisory functions, Sauer wrote, DOGE is exempt from FOIA requirements.
Sauer asked for an administrative stay to ensure that DOGE doesn’t have to take steps now to get ready to comply with an order from US District Judge Casey Cooper to provide more information about the agency’s role in coming days and weeks.
Cooper, nominated to the bench by President Barack Obama, had ordered that DOGE turn over documents in the case and also approved a deposition of DOGE acting administrator Amy Gleason. A federal appeals court in Washington, DC, declined last week to reverse the discovery decision.
The case was filed by the left-leaning watchdog group, Citizens for Responsibility and Ethics in Washington. Cooper had ruled in March that DOGE is likely covered by FOIA, which allows the public, interest groups and the media to obtain internal government records detailing agency conduct.
In a brief filed earlier Friday, CREW argued that the Trump administration – which often touts itself as transparent – was attempting to hide records about an entity that has exerted considerable sway over the federal government.
“The government’s tactics are contrary not only to the public interests outlined in the preliminary injunction, but also those embodied by FOIA,” the group said.
In a statement, a spokesperson for CREW noted that Roberts’ order is temporary and doesn’t signal the outcome of the case.
“We hope to see the court decide on the merits of the government’s petition after the holiday weekend,” Jordan Libowitz told CNN.
This story has been updated with additional developments.
CNN’s Tierney Sneed contributed to this report.
