Elon Musk's Doge Leadership May Violate Constitution, Judge Rules

Constitutional Concerns Raised Over Elon Musk’s Leadership of DOGE

A federal judge has indicated that Elon Musk’s oversight of the Department of Government Efficiency (DOGE) potentially breaches the U.S. Constitution’s appointments clause. This assessment was delivered in a written opinion on Tuesday.

Judge’s Findings and Evidence

Judge Theodore Chuang, presiding in the U.S. District Court for the District of Maryland, stated that substantial evidence suggests Musk is functioning as the de facto head of DOGE. This conclusion is largely based on statements made by both Musk himself and Donald Trump.

Despite the government’s assertion that Musk serves only as a “special advisor to the president,” the judge’s opinion points to a more substantial role. The evidence indicates Musk is exercising authority beyond that of an advisory position.

USAID and Unconstitutional Actions

The judge’s opinion arose from a lawsuit filed by anonymous employees of the United States Agency for International Development (USAID) against Musk and DOGE.

Chuang further contends that actions taken by Musk in his capacity with DOGE, such as the closure of USAID – described by Musk as being put through a “wood chipper” – are likely unconstitutional as a result.

Authority and the Appointments Clause

“Musk has exerted actual authority at USAID that only a properly appointed Officer can exercise,” Chuang wrote. This highlights the significance of the “Officer of the United States” designation, a legally defined term under the appointments clause.

Restraining Order and Recent Developments

The judge’s opinion was issued over 50 days after Donald Trump assumed office and authorized Musk to begin restructuring government agencies with the DOGE team. It represents the most forceful legal challenge to Musk and DOGE to date.

Chuang ordered the partial restoration of USAID’s operations and placed restrictions on further dismantling of the agency by Musk and DOGE.

Defiance and Presidential Response

Whether Musk and DOGE will comply with the order remains uncertain. Both Musk and President Trump have recently used social media to suggest that judges ruling against their actions should face impeachment.

This promotion of impeachment by Trump has been widely criticized as unprecedented. Chief Justice of the Supreme Court John Roberts issued a rare public statement rebuking the former president’s suggestion.

Roberts’ Rebuke

“For more than two centuries,” Roberts stated, “it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”