A U.S. judge on Tuesday allowed a group of 14 states to proceed with a lawsuit challenging Elon Musk’s efforts, as head of the Department of Government Efficiency (DOGE) under President Donald Trump’s administration, to cut federal spending.
The judge at the Washington District Court, Tanya Chutkan, dismissed the states’ lawsuits against Trump himself, saying her court will not interfere with “the performance of his official duties” as president.
According to her ruling, the lawsuit can continue because it makes a convincing claim that Musk’s cost-cutting activities were “unauthorized under any law.”
State attorneys general from New Mexico, Oregon, and 12 other states filed the lawsuit in February, alleging that Trump gave Musk “unchecked legal authority” without Congressional approval. The lawsuit seeks to stop DOGE’s efforts to reduce federal spending and shut down U.S. agencies disfavored by Trump.
“The court is right. Constitutionally, Musk cannot run the federal government unless confirmed by the Senate,” said Oregon’s attorney general, Dan Rayfield.
The states argue Musk holds powers that only a government official appointed by the president and confirmed by the Senate can have, and that DOGE itself was not authorized by Congress.
Since Trump returned to office in January and appointed Musk, DOGE has eliminated thousands of federal jobs and various programs, allegedly to cut what they call “wasteful spending.”