The third-party doctrine has been weakened by the Supreme Court recently, in United States v. Jones and Carpenter v. United States. Those are court decisions, not new laws passed by Congress. See also this quote:
If OpenAI doesn't succeed at oral argument, then in theory they could try for an appeal either under the collateral order doctrine or seeking a writ of mandamus, but apparently these rarely succeed, especially in discovery disputes.
otterley
Justice Sotomayor's concurrence in U.S. v. Jones is not binding precedent, so I wouldn't characterize it as weakening the third-party doctrine yet.
https://en.wikipedia.org/wiki/Third-party_doctrine#:~:text=w...
If OpenAI doesn't succeed at oral argument, then in theory they could try for an appeal either under the collateral order doctrine or seeking a writ of mandamus, but apparently these rarely succeed, especially in discovery disputes.