Elon Musk's Unconstitutional Role in the Department of Government Efficiency (DOGE)

A federal judge has ruled that Elon Musk's leadership of the Department of Government Efficiency (DOGE) is likely a violation of the U.S. Constitution's appointments clause.

In an opinion issued on March 18, 2025, Judge Theodore Chuang of the U.S. District Court for the District of Maryland wrote that there is significant evidence showing Musk is acting as the head of DOGE, despite the government's claim that he is merely a "special advisor to the president."

The case was brought against Musk and DOGE by unnamed workers at the United States Agency for International Development (USAID). Judge Chuang wrote that the actions Musk has taken in his DOGE role, such as shutting down USAID, are likely unconstitutional since he is exerting authority that can only be exercised by a properly appointed government official.

This ruling comes more than 50 days after former President Donald Trump took office and allowed Musk to start cutting government agencies with his DOGE team. Judge Chuang's opinion is seen as the most direct challenge yet to Musk and DOGE among the many lawsuits filed in recent months.

The judge ordered the restoration of some of USAID's operations and restricted Musk and DOGE from taking further steps to dismantle the agency. However, it remains unclear whether Musk and the Trump administration will comply with the order, as they have been publicly criticizing judges who rule against their actions.

This case highlights the growing concerns over the scope of Musk's influence in the new administration and the potential constitutional issues arising from his unconventional government role. As the legal battles continue, the public will be watching closely to see how this situation unfolds and the implications for the separation of powers and the rule of law.