Judge allows 14 states' lawsuit against Elon Musk and DOGE to proceed
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Elon Musk walks on March 9 in Washington, D.C. Photo: Samuel Corum/Getty Images
A federal judge allowed a lawsuit accusing Elon Musk and the Department of Government Efficiency of illegally exerting power over government operations to move forward Tuesday.
The big picture: The suit filed by more than a dozen Democratic state attorneys general alleges the billionaire and DOGE violated the Constitution by accessing government data systems, terminating federal employees and canceling contracts at federal agencies.
- The states also argued Musk exercised "virtually unchecked power" across the executive branch.
Driving the news: U.S. District Court Judge Tanya Chutkan denied a motion to dismiss the case.
- She wrote in a 42-page order: "The Constitution does not permit the Executive to commandeer the entire appointments power by unilaterally creating a federal agency pursuant to Executive Order and insulating its principal officer from the Constitution as an 'advisor' in name only," the judge wrote. "This is precisely what Plaintiffs claim the Executive has done."
- Chutkan did, however, dismiss President Trump as a defendant, writing that "the court may not enjoin the President in the performance of his official duties."
What they're saying: New Mexico Attorney General Raúl Torrez said in a statement Tuesday that the decision "is an important milestone for preserving America's system of checks and balances."
- "We are proud to move this case forward and help bring Elon Musk's reign of terror to an end," Torrez said.
- The White House did not immediately respond to Axios' request for comment.
Context: Democratic attorneys general in 14 states sued President Trump, Musk and DOGE in February alleging violations of the Constitution's Appointments Clause and conduct in excess of statutory authority.
- The judge in the same month denied a request from the states to temporarily block DOGE from accessing data and terminating federal employees, though she did find that there were valid questions about Musk's authority.
Go deeper: Legal challenges to DOGE's data access hinge on outdated laws
