REPORT: Chief Justice Roberts temporarily halts discovery in DOGE case

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From The Hill: Chief Justice John Roberts temporarily halted discovery Friday in a lawsuit seeking access to documents and information about the Department of Government Efficiency’s (DOGE) operations.

In a brief order, Roberts granted the government’s request for an administrative stay, which temporarily lifts a judge’s order allowing limited discovery into whether DOGE is an “agency.” If it is found to be an agency, that would make DOGE subject to Freedom of Information Act (FOIA) requests.

The request went to Roberts by default; he handles emergency appeals arising from the nation’s capital. The pause will last until the court decides whether to wipe two lower court rulings letting discovery move forward, which Roberts could himself decide or refer to the full court.

Solicitor General D. John Sauer had argued in the government’s emergency application that DOGE is not an agency. Instead, it’s a “presidential advisory body” housed within the Executive Office of the President, he said.

He suggested that U.S. District Judge Christopher Cooper, an appointee of former President Obama, ordered DOGE to submit to “sweeping, intrusive” discovery just to determine if it is, in fact, subject to FOIA, which lets the public request information from the government.


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