Judge Lets States Sue Elon Musk and DOGE Data Access/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ A federal judge has ruled that 14 states can move forward with their lawsuit accusing Elon Musk and the Department of Government Efficiency (DOGE) of unlawfully accessing federal data and firing employees. The court dismissed Donald Trump as a defendant but kept the claims against Musk and DOGE intact. Plaintiffs argue the executive order creating DOGE bypasses constitutional norms.
Musk & DOGE Lawsuit Quick Looks:
- Federal Judge Tanya Chutkan ruled the case against Elon Musk and DOGE can proceed.
- 14 U.S. states sued, alleging unconstitutional access to government systems and terminations.
- Judge denied an earlier restraining order but now allows broader claims to go forward.
- Chutkan dismissed Trump as a defendant but kept Musk and DOGE in the case.
- States argue Musk’s role is unconstitutional, calling him an “advisor in name only.”
- DOGE created via Executive Order, raising separation of powers concerns.
- Musk accused of overreach, with claims he directed agency actions without legal authority.
- Chutkan criticizes Executive overreach, stating constitutional checks were ignored.
Deep Look: Judge Greenlights States’ Lawsuit Against Elon Musk, DOGE
WASHINGTON, D.C. — A federal judge has delivered a significant legal blow to Elon Musk and the Trump administration, allowing 14 states to proceed with their constitutional challenge against the Department of Government Efficiency (DOGE), an executive agency Musk is alleged to be leading behind the scenes.
In a decision issued Tuesday, U.S. District Judge Tanya Chutkan refused to dismiss allegations that Musk and DOGE unlawfully accessed federal data systems, terminated civil servants, and canceled government contracts without proper authority.
The lawsuit, filed in February, accuses Musk of executing these actions without being formally appointed to any governmental position, thus violating the Appointments Clause of the U.S. Constitution. The states also claim DOGE was unlawfully created via executive order, circumventing Congress and established legal norms.
Key Takeaways from the Ruling
While President Donald Trump was initially named in the suit, Judge Chutkan granted his removal as a defendant. However, she rejected dismissal requests by Musk and DOGE, stating the plaintiffs raised credible constitutional concerns.
“The Constitution does not permit the Executive to commandeer the entire appointments power,” Chutkan wrote, sharply criticizing the structure and legal justification for DOGE. She emphasized that Musk’s undefined role as a “senior advisor” may be a legal workaround, but not a constitutional one.
Chutkan previously denied a temporary restraining order in February that sought to block DOGE from accessing data or laying off federal employees. At that time, she cited lack of imminent harm but acknowledged “legitimate questions” about Musk’s influence over the agency.
Legal Arguments at the Heart of the Case
The states contend that:
- Musk has de facto control over DOGE without Senate confirmation.
- DOGE is making staffing and contracting decisions that impact national operations.
- Executive power is being expanded improperly, risking long-term erosion of checks and balances.
They argue that such a move sets a dangerous precedent for future administrations to install unelected individuals in powerful positions through executive fiat.
The Trump administration has responded by claiming that layoffs and data access decisions are made solely by agency heads, not Musk. They argue that DOGE functions legally under current executive authority.
A Judge with Familiar History
Judge Chutkan, an Obama appointee, previously presided over the now-dismissed criminal election interference case against Trump. Her legal reputation for upholding constitutional norms and executive accountability brings additional weight to the lawsuit’s survival.
Legal analysts say the ruling marks a critical stage for Musk and DOGE. If the lawsuit proceeds to discovery, it could uncover new details about Musk’s involvement and influence over federal operations.
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