If successful, the lawsuit could reverse DOGE’s cuts and terminations.
By [Author’s Name] on March 25, 2026
A lawsuit alleging that Elon Musk unlawfully wielded executive powers at DOGE has overcome a challenge from the Trump administration. The Trump administration’s attempt to dismiss the lawsuit against Elon Musk for illegal executive-level actions as head of DOGE has failed. A federal judge dismissed the U.S. government’s request earlier this week.
“Defendants seem to argue that an individual with significant power isn’t subject to the Appointments Clause if the office was unlawfully created and the power unlawfully seized,” Judge Tanya Chutkan mentioned.
DOGE’s actions could be reversed
The lawsuit’s significance lies in the potential reversal of Musk’s and DOGE’s actions, including federal cuts.
“If Plaintiffs succeed, the court could vacate Musk-initiated policies causing ongoing harm,” wrote Chutkan.
The lawsuit, filed by non-profits, argues Musk exercised powers akin to a Senate-confirmed Cabinet official without Senate confirmation. Plaintiffs claim DOGE cut federal grants, fired employees, and shut agencies “without lawful authority.”
The lawsuit was combined with a similar lawsuit by 14 state attorneys general, led by New Mexico. According to Judge Chutkan, the head of DOGE is not merely an advisor but makes decisions on significant matters like terminating federal grants.
Musk’s own social posts are used as evidence:
“USAID is a criminal organization,” Musk posted on Feb. 2, 2025. “Time for it to die.”
Musk questioned the “Department of Education” on Feb. 7. “I just checked and it doesn’t exist.”
“CFPB RIP,” Musk published on X the same day.
Judge Chutkan noted public boasts by DOGE officials about terminating government contracts and shutting agencies.
Chutkan decided in favor of the Trump administration on two counts regarding the Administrative Procedure Act and separation of powers violations.
Musk announced stepping down from DOGE in May 2025 and had a public fallout with Trump. However, they appear to be on good terms again.