Tuesday, October 13, 2026

Supremes To Assess CREW v. DOGE FOIA Compliance (Again)…


Today, the Supremes agreed to once again weigh in on the contours of the Freedom of Information Act -- as it might apply to a non-agency (just a rogue band of thugs / vigilantes, actually) that Trump created out of whole cloth -- and told Elon Musk to lord over. All of that, without any Congressional budget authority -- nor creation of agency level federal offices/branches.

That statement alone should (in saner times) end this case in favor of CREW, but given that Alito and Thomas still sit on the court -- it likely won't.

Do go read SCOTUSblog and Amy Howe -- she has the best write-up I've seen on the topic:

. . .CREW urged the justices to deny review. It argued that in formulating the new discovery order, the D.C. Circuit had “followed this Court’s instructions” in its earlier ruling on the interim docket “to the letter.” Instead, it contended, the government was seeking “to transform this Court’s carefully crafted stay-stage order into a sweeping ruling that Cheney effectively forecloses discovery in this case. That is not what this Court said,” CREW insisted, “and, especially after remand, this case looks nothing like Cheney. . . .”


Now you know. A tough day here.

नमस्ते

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