Supreme Court of the United States · Official docket →
U.S. Doge Service, et al. v. Citizens for Responsibility and Ethics in Washington
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 25-5130 · judgment May 14, 2025
GVR'd · June 6, 2025
Pre-decision estimate: 24% cert probability (95% interval 15%–36%)
Before the decision, about 5.9× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a D.C. Circuit decision below.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
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Proceedings
- Jul 08 2025Judgment Issued.
- Jun 06 2025Application (24A1122) referred to the Court.
- Jun 06 2025The application for a stay presented to The Chief Justice and by him referred to the Court is granted. Additionally, applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted (case No. 24-1246). The United States Court of Appeals for the District of Columbia Circuit’s order denying a writ of mandamus is vacated, and the case is remanded to the Court of Appeals for further consideration in light of this order. Cf. In re United States, 583 U. S. 29 (2017) (per curiam). The portions of the District Court’s April 15 discovery order that require the Government to disclose the content of intra–Executive Branch USDS recommendations and whether those recommendations were followed are not appropriately tailored. Any inquiry into whether an entity is an agency for the purposes of the Freedom of Information Act cannot turn on the entity’s ability to persuade. Furthermore, separation of powers concerns counsel judicial deference and restraint in the context of discovery regarding internal Executive Branch communications. Cf. Cheney v. United States Dist. Court for D. C., 542 U. S. 367, 385 (2004) (“[S]pecial considerations control when the Executive Branch’s interests in maintaining the autonomy of its office and safeguarding the confidentiality of its communications are implicated.”). On remand of the case, the Court of Appeals should take appropriate action to narrow the April 15 discovery order consistent with this order. The April 15, 2025, and May 20, 2025, orders of the United States District Court for the District of Columbia, case No. 25-cv-511, are stayed pending remanded consideration at the Court of Appeals, and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the application.
- May 24 2025Reply of applicant U.S. Doge Service, et al. filed.
- May 23 2025Response to application from respondent Citizens for Responsibility and Ethics in Washington filed.
- May 23 2025Order entered by The Chief Justice: Upon consideration of the application of counsel for the applicants and the response filed thereto, it is ordered that the April 15, 2025, and May 20, 2025 orders of the United States District Court for the District of Columbia, case No. 25-cv-511, are hereby stayed pending further order of the undersigned or of the Court.
- May 23 2025Brief amicus curiae of Government Transparency Scholars filed.
- May 23 2025Brief amicus curiae of American Oversight filed.
- May 21 2025Application (24A1122) for a stay, submitted to The Chief Justice.
- May 21 2025Response to application (24A1122) requested by The Chief Justice, due by Noon (EDT), on May 23, 2025.