A lawsuit claiming that Elon Musk and the Department of Government Efficiency (DOGE) are improperly influencing federal operations has received a green light from the courts.
U.S. District Court Judge Tanya Chutkan issued a 42-page order permitting the case, brought forth by various Democratic state attorneys general, to proceed after denying a motion to dismiss the lawsuit.
However, the judge dismissed President Trump as a defendant, stating that the court cannot enjoin the President in the execution of his official responsibilities.
This ruling underscores the contrasting narratives surrounding the level of authority that Musk and DOGE wield in pursuing Trump’s agenda.
The plaintiffs argue that Musk’s roles as a special government employee afford him powers akin to those of Senate-confirmed Cabinet officials, a claim that Judge Chutkan deemed substantial enough to keep the lawsuit alive.
Chutkan highlighted concerns raised by the states, stating, “At this stage, States plausibly allege that Musk makes decisions about ‘federal expenditures, contracts, government property, and the very existence of federal agencies.'”
The states further allege that Trump violated the Appointments Clause of the Constitution by providing Musk and DOGE with vast powers, allowing them to execute significant budget cuts, dismiss employees, terminate contracts, and access sensitive government information without congressional approval.
Requests for comment have been sent to the White House, but responses have not been made public as of now.
New Mexico Attorney General Raúl Torrez welcomed the court ruling, calling it an essential step in safeguarding America’s system of checks and balances.
Torrez remarked, “We are proud to move this case forward and help bring Elon Musk’s reign of terror to an end.”
While legal representatives for Musk and the government contend that he does not oversee DOGE in a legal context, public communications from Musk, Trump, and other officials consistently identify Musk as at the forefront of this initiative.
In a Fox News interview from May 1, a segment promoted by DOGE’s X account referred to Musk’s leadership in the task force.
Musk has indicated a desire to recede from his governmental duties to concentrate on his primary businesses, affirming to Tesla investors that the DOGE team has made substantial progress in tackling waste and fraud.
He recently adjusted his projections for potential savings, altering the expectation from $2 trillion down to $150 billion by the end of the fiscal year, a target considered challenging due to the scope of DOGE’s intended cuts.
Criticism on this front arises with Musk’s recent disapproval of the bipartisan “Big, Beautiful Bill,” which he feels contradicts the efforts of DOGE.
In a CBS News interview snippet, Musk expressed disappointment over the legislation, which is largely seen as adding to the national debt due to proposed permanent tax cuts.
He stated, “I was, like, disappointed to see the massive spending bill, frankly, which increases the budget deficit—not just decrease it—and undermines the work that the DOGE team is doing.”
Musk concluded his remarks with a critical note on the nature of the bill: “I think a bill can be big, or it can be beautiful. But I don’t know if it can be both.”
image source from：https://www.npr.org/2025/05/28/nx-s1-5414191/musk-lawsuit-doge-trump-spending-bill
