WASHINGTON, D.C. — A federal judge has denied Elon Musk and the Department of Government Efficiency (DOGE)’s request to dismiss a lawsuit accusing them of violating the U.S. Constitution, while granting former President Donald Trump’s request to be removed from the case.
U.S. District Judge Tanya Chutkan ruled Tuesday that the lawsuit filed by 14 states against Musk, DOGE, and Trump may continue against Musk and DOGE. However, Trump will no longer be a defendant.
Background of the Lawsuit
The multistate lawsuit alleges that Musk’s appointment as head of DOGE, an agency created by Trump’s executive order, violates the Constitution’s Appointments Clause. The plaintiffs argue Musk was never confirmed by the Senate, and Congress never authorized DOGE.
The states claim Trump, Musk, and DOGE overstepped their authority by downsizing federal agencies and firing workers without proper legal authority.
Defendants’ Argument and Judge’s Response
Musk and DOGE argued Musk was only an adviser without formal authority and sought dismissal. Judge Chutkan rejected this, writing that the Constitution does not allow the Executive Branch to create federal agencies and bypass constitutional appointments by naming officials as advisers “in name only.”
Chutkan criticized the defendants’ interpretation, saying it would allow the President to restructure the government unchecked and avoid judicial review.
Important Excerpts from the Ruling
The defendants claimed that for a violation of the Appointments Clause, the person must have legal authority within a lawfully established office. They argued that since DOGE was not authorized by Congress, no review should occur.
Judge Chutkan rejected this, warning that such reasoning would give the Executive unlimited power over appointments, undermining the balance of powers in the Constitution.
She emphasized that judicial review is necessary to maintain the separation of powers and prevent any branch from overstepping.
Trump’s Removal from the Case
While denying dismissal for Musk and DOGE, the judge dismissed Trump from the lawsuit. She stated that declaratory judgments against a sitting president risk violating the constitutional separation of powers.
Despite Trump’s public criticism of the judge, Chutkan firmly denied any bias against him.
What Happens Next?
Though Musk announced plans to reduce his role with DOGE, the judge found enough evidence that he remains actively involved, allowing the case to continue.
The lawsuit highlights controversy over Musk’s role in government and the legal limits on executive appointments without Senate approval.
