A federal judge on Monday determined a lawsuit against Elon Musk for his former advisory role in the Trump administration’s so-called Department of Government Efficiency (DOGE) can move forward.
US District Judge Tanya Chutkan issued a memo Monday tossing out a dismissal request from the federal government, stating the claims that Musk and other DOGE leaders unlawfully assumed an expansive role in the federal government can play out in court.
The plaintiffs, a group of nonprofit organizations, “amply allege that the head of DOGE himself makes decisions and issues directives on matters as weighty as the termination of federal grants, contracts and workers,” Chutkan wrote.
The nonprofit organizations first filed the suit last March as the Tesla CEO, then serving as a special government employee from the Trump administration, led a team in initiating mass firings and contract and grant terminations across the federal government.
The nonprofits’ case was consolidated with a similar suit brought by a group of 14 states last year.
The groups brought four claims, including that DOGE staffers lacked legal authority to carry out the firings and grant eliminations and violated the separation of powers in doing so. They also alleged Musk violated the Constitution by exercising “the power of a principal officer without having received Senate confirmation.”
Chutkan sided with the Trump administration on claims related to alleged violation of separation of powers and the Administrative Procedure Act, finding the nonprofits failed to identify specific agency actions.
The Department of Justice did not immediately respond to a request for comment.
Musk’s time in government came to a dramatic end last May after the expiration of his special government employee status. The tech entrepreneur and President Trump clashed in the public space shortly after his departure, though Musk has since jumped back into the political fray ahead of the 2026 midterm elections.
The Trump administration on Monday also asked the Supreme Court to block the watchdog group Citizens for Responsibility and Ethics in Washington’s inquiry into DOGE.
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