In a major win for executive authority and bureaucratic reform, the U.S. Supreme Court has temporarily blocked lower court orders that would have forced the Department of Government Efficiency (DOGE) to comply with freedom of information demands—providing critical breathing room for one of President Donald Trump’s most aggressive government accountability initiatives.

Chief Justice John Roberts issued an administrative stay Friday, halting a district court ruling that had ordered DOGE—created by Executive Order 14158 on President Trump’s first day in office—to respond to expansive FOIA requests tied to an ongoing legal battle with the liberal watchdog group Citizens for Responsibility and Ethics in Washington (CREW).

The Epoch Times reported that the stay delays enforcement of the orders without offering a formal explanation, although it represents a clear indication that the high court is taking the matter seriously.

“The orders issued by the federal district court in Washington are hereby stayed pending further order of the undersigned or of the Court,” Roberts stated in his decision.

The legal standoff, U.S. DOGE Service v. Citizens for Responsibility and Ethics in Washington, revolves around CREW’s accusations that DOGE is conducting sweeping reforms behind closed doors while supposedly wielding “unprecedented” influence over federal operations. CREW alleges the public is entitled to peer into DOGE’s internal deliberations—a claim that legal experts warn threatens the integrity of the executive branch’s advisory functions.

Established on January 20 by President Trump, DOGE was tasked with executing the “President’s DOGE Agenda,” with a mandate to modernize federal software, eliminate bureaucratic waste, and enforce productivity standards across sprawling government departments.

Despite its clear role as a presidential advisory body, CREW insists DOGE should be treated as a federal “agency” under FOIA—an assertion that risks upending long-standing legal boundaries between advisory bodies and executive agencies.

U.S. Solicitor General D. John Sauer filed an emergency application with the Supreme Court on May 21, arguing that forcing DOGE to submit to broad discovery requests is not only premature—it’s unconstitutional.

“DOGE operates as an advisory body within the executive branch, not a federal agency, and therefore is exempt from the Freedom of Information Act (FOIA),” Sauer wrote in the government’s filing.

He added that the district court's order "turns FOIA on its head," and warned it “clearly violates the separation of powers, subjecting a presidential advisory body to intrusive discovery and threatening the confidentiality and candor of its advice.”

FOIA, signed in 1966 by President Lyndon B. Johnson, provides access to records from federal agencies, not presidential advisory boards or non-agency entities. A government website clarifies:

“FOIA applies to records created by federal agencies and does not cover records held by Congress, the courts, or state and local government agencies.”

Nonetheless, CREW filed suit after claiming DOGE failed to respond promptly to an expedited FOIA request submitted on January 24, 2025, regarding what they called the agency’s “secretive structure and operations.”

In their opposition brief, CREW admitted that their ultimate goal was to obtain a ruling that DOGE operates as an “agency” and is therefore subject to both FOIA and the Federal Records Act. The group accused the Trump administration of attempting to “short-circuit” that legal question by avoiding transparency.

But constitutional scholars say the real issue at stake is whether activist courts can undermine the executive branch’s right to confidential counsel—especially as it seeks to rein in bloated and inefficient government operations.

The executive order that established DOGE directed the agency to "implement the President’s DOGE Agenda, by modernizing Federal technology and software to maximize governmental efficiency and productivity." The mission has already shaken Washington’s entrenched bureaucracies, making it a frequent target of progressive groups and deep state defenders.

At the helm of DOGE is Elon Musk, appointed by President Trump to lead the initiative through a special term that expires this month. Musk, whose role in streamlining federal technology has been highly praised by the administration, recently announced he would be shifting focus back to his companies full-time.

The Supreme Court's move halts CREW’s attempt to weaponize transparency laws for political ends and gives President Trump’s DOGE reform initiative a chance to proceed without unconstitutional interference.