Judge Says Musk’s Role at DOGE Is “Continuous and Permanent”

A Washington, D.C., federal judge ruled Tuesday that Elon Musk’s role leading the Department of Government Efficiency (DOGE) extends well beyond a temporary advisory position, contradicting the White House’s claims that his role was brief and limited.

In February, a coalition of 14 states, led by New Mexico, sued Musk, DOGE, and President Donald Trump, alleging constitutional violations. The states argue Musk lacks legal authority to enact sweeping federal changes because he was never Senate-confirmed, and that DOGE was not authorized by Congress.

The White House attempted to have the case dismissed by framing Musk’s role as a temporary, advisory position without formal authority.

Judge Tanya Chutkan’s Findings

Judge Chutkan rejected the White House’s characterization, stating that Musk’s influence “extends throughout the executive branch” without clear limits. She found the states’ claim credible that Musk “occupies a continuing position” and exercises substantial power despite lacking proper congressional appointment.

The court also found that allegations of DOGE gaining unauthorized access to private government data sufficiently demonstrate potential harm, allowing the case to proceed.

While Musk remains a defendant, Judge Chutkan dismissed President Trump, citing constitutional protections that prevent the court from enjoining the President’s official duties. She acknowledged the President’s broad discretionary authority over appointments under the Constitution.

Since his appointment, Musk has led efforts to enforce fiscal discipline by eliminating federal offices, cutting regulations, downsizing the workforce, and modifying government systems and websites—actions that have drawn legal scrutiny.

Featured image credit: Heute

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