In a significant development, the U.S. Supreme Court issued a pair of rulings on Friday that bolstered the authority of the Department of Government Efficiency (DOGE), an agency established during President Trump's administration. The high court's decisions allow DOGE personnel to access Social Security records and shield the agency from having to disclose internal documents under a Freedom of Information Act (FOIA) request.
The first case centered on DOGE's request for access to data held by the Social Security Administration (SSA). In its ruling, the Supreme Court affirmed that DOGE staff working with the SSA are entitled to review internal records to carry out their duties effectively. This decision underscores the Court's view that DOGE's role in streamlining government operations necessitates such access, as reported by the Washington Examiner.
In the second case, the Supreme Court overturned a lower court's ruling that would have compelled DOGE to release communications and internal recommendations. The matter has been remanded to the U.S. Court of Appeals for the District of Columbia Circuit for further proceedings. This reverses the district court's decision and highlights the Court's stance on the confidentiality of executive branch discussions.
DOGE, which operates as an advisory panel within the Executive Office of the President, has been met with skepticism and legal challenges from labor organizations and transparency advocates. Critics argue that DOGE's information access could violate privacy and procedural laws. However, the Justice Department defends that DOGE, being an advisory body, is not subject to the same public disclosure laws as federal agencies.
The high-profile FOIA lawsuit was initiated by Citizens for Responsibility and Ethics in Washington (CREW), a watchdog group that claimed DOGE wields "substantial independent authority" and should comply with public records requirements. Despite the district court initially siding with CREW, the Supreme Court's ruling has put a halt to any forced disclosures.
Chief Justice John Roberts had previously stayed the lower court's order, and Friday's decision formalizes the Court's position on the matter. The ruling emphasizes the importance of maintaining the confidentiality of internal executive branch communications due to separation of powers concerns.
In a dissenting opinion regarding DOGE's access to Social Security information, Justice Ketanji Brown Jackson criticized the majority's emergency handling of the case and the government's haste in seeking resolution.
DOGE was created as part of President Trump's broader initiative to eliminate inefficiency and centralize control over federal spending and administration. The Supreme Court's rulings are likely to have wide-reaching implications for the transparency and functioning of the executive branch.
A tweet from Nick Sortor on June 6, 2025, heralded the rulings as a breakthrough, suggesting that the access granted to DOGE would reveal extensive evidence of waste, fraud, and abuse within the Social Security system, which disburses approximately $1.6 trillion annually.
