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Judge Allows Lawsuit Claiming DOGE and Elon Musk Exceeded Authority to Proceed

Mar 24th 2026 · United States

A federal judge on Tuesday allowed key claims in a suit by nonprofits and states that accuses DOGE and Elon Musk of acting beyond their legal authority, while dismissing some other counts.

  • U.S. District Judge Tanya Chutkan allowed claims that DOGE acted without lawful authority to move forward.
  • The judge ruled plaintiffs can pursue a claim that Musk violated the Appointments Clause by exercising principal officer power without Senate confirmation.
  • Claims that DOGE violated separation of powers by refusing to spend appropriated funds and claims under the Administrative Procedure Act were dismissed.
  • DOGE was created by President Trump on the first day of his second term as a temporary agency scheduled to end in July 2026.
  • Musk co-led DOGE for about five months during its expanded role under later executive orders.
  • Nonprofits and a coalition of states led by New Mexico sued in March 2025, alleging DOGE cut funding, dismantled agencies, and fired federal workers.
  • Viral deposition videos will remain online in a separate case, and a former DOGE staffer said the agency did not reduce the federal deficit despite claiming $215 billion in savings.