A federal judge in Washington has ruled that a lawsuit accusing Elon Musk of unconstitutionally wielding executive power as head of the Department of Government Efficiency (DOGE) last year can proceed.
U.S. District Judge Tanya Chutkan denied the Trump administration’s request to fully dismiss the case filed by nonprofit organizations. The groups claim their members were harmed by the federal funding cuts and mass firings of government workers that they say Musk directed with an unlawfully outsized role.
Chutkan dismissed a few claims in the suit as too vague, but allowed the core argument to continue: that it was exercising power similar to that of Senate-confirmed cabinet officials without being properly appointed, in violation of the Constitution’s Appointments Clause.
The nonprofits allege that Musk, as the public face of DOGE, made major decisions on terminating federal grants, contracts, and workers. The judge noted the complaint “amply alleges that the head of DOGE himself makes decisions and issues directives on matters as weighty as the termination of federal grants, contracts, and workers.”
Musk spearheaded the DOGE project when Trump returned to the White House and served as its most visible leader, even though the administration maintained he wasn’t the formal administrator. He stepped down from the role last spring.
“As we continue to learn, DOGE did massive damage to the federal government and its operations, with little to show for it, and without any lawful authority,” said lawyer Dan Lenz.
Judge Chutkan confirms the fairly obvious – that DOGE and his team of twentysomethings were yielding far too much power, firing tens of thousands of hardworking, dedicated staff, terminating grants, and shuttering the entire USAID.
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