Elon Musk must defend himself against a lawsuit alleging that he unlawfully seized too much power as the leader of the Department of Government Efficiency (DOGE), a judge ruled Monday.
According to the plaintiffs, Musk needed Senate confirmation before directing DOGE on drastic actions like eliminating agencies, mass firings, and steep budget cuts. Allegedly going far beyond the authority granted in President Donald Trump's most expansive DOGE executive orders, Musk took every inch of power granted and then increasingly used it to overreach unlike any presidential advisor who came before, the suit says.
In her opinion partly denying a motion to dismiss, US District Judge Tanya S. Chutkan did not buy the US government's defense that Musk held no office formally established by law—and therefore did not need Senate confirmation and cannot be alleged to have exceeded his authority under the Constitution's Appointments Clause.