Can the Public See DOGE’s Records? The Supreme Court Takes Up a Key Fight

A view of the U.S.

Supreme Court in Washington, D.C., on Oct.

14, 2026. —Saul Loeb—AFP/Getty Images The U.S.

Supreme Court said Tuesday that it will take up a case to decide whether a watchdog organization can obtain information to help establish whether the now-defunct Department of Government Efficiency (DOGE) is subject to a federal public records law.

It’s the latest update on a lawsuit filed by a nonprofit called Citizens for Responsibility and Ethics in Washington (CREW) that argues DOGE, the initiative that was spearheaded by Tesla CEO Elon Musk, is subject to the Freedom of Information Act (FOIA).

The Trump Administration has argued that FOIA does not apply to DOGE because it was not a federal agency—it was a presidential advisory body.

Signed into law in 1966 by President Lyndon B.

Johnson, FOIA grants “the public the right to request access to records from any federal agency,” according to the federal government’s website.

Johnson said at the time that he hoped the government would, in upholding the law, weigh national security, individual privacy, confidential government deliberations, and the benefit of a well-informed constituency.

“The founding principle of FOIA is that it’s crucial in a democracy to have an informed citizenry,” says Sara Creighton, an associate professor at Georgetown Law and the former Deputy Chief Counsel at American Oversight, a government transparency nonprofit.

“The whole idea is that we need an informed voting public.” Justices have agreed to hear arguments over whether, and to what extent, discovery can proceed for CREW v.

DOGE Service.

This phase of the legal process allows opposing parties to collect information, including records and depositions, with which to make their cases.

Experts say this decision will not only affect the pending lawsuit, but may also have ramifications for the future of government transparency.