The U.S. Supreme Court has temporarily blocked lower court orders requiring the Department of Government Efficiency (DOGE) to respond to transparency-related requests, pausing the release of documents connected to an ongoing lawsuit.
The high court’s move on Friday grants the agency additional time amid legal challenges related to its operations and responsibilities. DOGE was established through a recent executive order with the goal of improving government performance by modernizing technology and reducing administrative inefficiencies.
The executive order mandates that the agency pursue an agenda focused on maximizing efficiency and productivity across federal departments.
Chief Justice John Roberts issued an administrative stay that suspends the lower court rulings while the Supreme Court considers how to handle the case. The brief order offered no reasoning, prompting public interest advocates to raise concerns about delayed transparency.
Roberts wrote that the lower court’s directives “are hereby stayed pending further order of the undersigned or of the Court.”
The legal dispute, titled U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington (CREW), involves claims that the agency is functioning without sufficient public oversight. CREW contends that DOGE is making significant decisions while operating under a level of secrecy not typically seen in similar entities.
In response, a legal representative for the federal government filed an emergency application with the Supreme Court on May 21, arguing that DOGE serves as an internal advisory body rather than an independent agency. As such, the filing asserts that the organization should not be subject to requirements under the Freedom of Information Act (FOIA).
The Court’s decision on whether to maintain or lift the stay could set a precedent for how similar advisory bodies are treated under federal transparency laws.
