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Judge rules suit challenging DOGE and Elon Musk's power over government can continue

NPR's profile
Original Story by NPR
May 28, 2025
Judge rules suit challenging DOGE and Elon Musk's power over government can continue

Context:

A U.S. District Court judge has ruled that a lawsuit alleging Elon Musk and the Department of Government Efficiency (DOGE) are unlawfully exerting power over federal government operations can proceed. The case, initiated by Democratic state attorneys general, suggests Musk has been granted authority akin to Senate-confirmed officials, potentially violating the Appointments Clause of the Constitution. The ruling excludes President Trump as a defendant, emphasizing that the court cannot enjoin the President in his official duties. Musk, often named as the leader of DOGE's initiatives, has expressed disappointment in a congressional bill that contradicts the savings goals of the DOGE team. Despite Musk's promise to reduce his government role, the claims of progress and savings by DOGE remain contentious due to historical inaccuracies and overstated projections.

Dive Deeper:

  • U.S. District Court Judge Tanya Chutkan has allowed a lawsuit to proceed that challenges the legality of Elon Musk and the Department of Government Efficiency's (DOGE) influence over federal operations, while dismissing President Trump as a defendant due to constitutional constraints on enjoining a sitting president.

  • The lawsuit, filed by several Democratic state attorneys general, contends that Musk exercises significant power over federal expenditures, contracts, and even the existence of federal agencies, which could breach the Appointments Clause of the Constitution.

  • Musk is regarded as a special government employee with power similar to Senate-confirmed Cabinet officials, and despite legal arguments to the contrary, public statements by Trump and administration officials often highlight Musk's leading role in the DOGE efforts.

  • In a public statement, New Mexico Attorney General Raúl Torrez emphasized the importance of the lawsuit in maintaining checks and balances within the American governmental system, while criticizing Musk's influence as a 'reign of terror.'

  • Musk has criticized a recent congressional spending bill for increasing the federal budget deficit, arguing that it undermines the cost-saving initiatives of DOGE, although the entity's history includes exaggerated claims of financial savings.

  • Musk has indicated a desire to reduce his involvement with DOGE to focus on his other businesses, such as Tesla and SpaceX, yet he remains a prominent figure in the government's efficiency efforts.

  • Despite Musk's assertion of progress in curbing waste and fraud, the ambitious financial targets set by DOGE, such as the reduction from $2 trillion to $150 billion in savings, are met with skepticism due to previous inaccuracies.