A federal judge ruled on Tuesday that a lawsuit filed by 14 U.S. states challenging Elon Musk’s involvement with the Department of Government Efficiency (DOGE) under former President Donald Trump can move forward.
The lawsuit contends that Musk, labeled a “special Government employee,” acted as a de facto top official at DOGE—an agency formed through executive order without congressional approval—and exercised broad control over federal budgets, staffing, and regulatory decisions.
According to the court filing, the states allege that Musk and DOGE independently dismantled federal agencies, canceled government contracts, and accessed confidential systems, violating the Constitution’s Appointments Clause.
In a 42-page opinion, Judge Tanya S. Chutkan rejected the defendants’ attempt to dismiss the case, allowing the states’ ultra vires claims—claims that actions exceeded legal authority—to proceed. The court determined that DOGE had no legal foundation and that Musk’s reported actions went beyond permissible limits.
However, the judge dismissed the claims against Trump in his official capacity, citing legal precedent that shields presidential discretion from judicial intervention.
