Elon Musk looks at Donald Trump in Washington. REUTERS/Evelyn Hockstein
U.S. District Judge Tanya Chutkan rejected the Trump administration's attempt to dismiss a lawsuit challenging Elon Musk's authority as head of the Department of Government Efficiency.
More than a dozen state attorneys general and nonprofits alleged Musk exercised executive power without Senate confirmation, violating the Constitution's Appointments Clause.
Chutkan used Trump's own public statements as evidence that DOGE held expansive governmental authority, rejecting the administration's argument that allegations were unsupported "bare assertions." She emphasized that Musk personally made decisions and issued directives on federal grant terminations, employee firings, and agency dismantling — not merely advisory roles.
DOGE officials' public statements bragging about terminating a $2.3 million contract and "shutting down" USAID-supported plaintiffs' claims.
Chutkan allowed discovery to continue on Appointments Clause violations while dismissing Administrative Procedure Act and separation of powers claims. Musk stepped down in May.
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