Quick overview

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The White House had made an “unsuccessful” attempt to categorize Elon Musk’s role in the federal government as temporary. This was part of their effort to have a lawsuit against him, the Department of Government Efficiency, and President Donald Trump dismissed.

A district court judge in Washington, D.C., stated this in an order released on Tuesday.

In February, a coalition of 14 states, headed by New Mexico, filed lawsuits against Trump, DOGE, and Musk for allegedly violating the Constitution. The states’ attorneys general contended that Musk lacked the legal authority to implement drastic cuts and other reforms to the federal government.

White House lawyers stated that Elon Musk held only an advisory and temporary position in the Trump administration, as mentioned in a motion they filed to dismiss the case. However, federal court judge Tanya Chutkan concluded that Musk has unrestricted influence over the executive branch.

The 14 states convincingly argued that the tech billionaire and Trump megadonor now “holds a continuing position” and “exercises significant authority,” all without being “properly appointed” by Congress.

The states’ claims that DOGE had obtained “unauthorized access” to “private and proprietary information,” she added, were “sufficient to allege an injury,” and the case could proceed.

Musk has spearheaded the DOGE initiative to reprogram or remove government websites, software, and systems, eliminate federal offices, reduce regulations, and quickly reduce the federal workforce.

Judge Chutkan wrote that the court “may not enjoin the President in his official duties,” ruling that Trump could be removed from the case as a defendant. The president does have “highly discretionary” authority to nominate and choose.