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Judges Allow States’ Suit Against Musk’s Government Efficiency Agency to Proceed and Authorize DOGE’s Treasury Access

The rulings could determine how far the executive branch can vest authority in unconfirmed advisers subject to security training

The Treasury Department Building in Washington, DC, on Saturday, May 10, 2025.
The U.S. Treasury Department building at dusk, Thursday, June 6, 2019, in Washington. (AP Photo/Patrick Semansky)


Elon Musk looks on as President Donald Trump meets South African President Cyril Ramaphosa in the Oval Office of the White House, Wednesday, May 21, 2025, in Washington. (AP Photo/Evan Vucci)
FILE - Elon Musk speaks at a town hall March 30, 2025, in Green Bay, Wis. (AP Photo/Jeffrey Phelps, File)

Overview

  • U.S. District Judge Tanya Chutkan found that 14 states plausibly alleged Elon Musk’s cost-cutting activities exceed legal authority and cleared their February lawsuit against Musk and DOGE while dismissing claims against President Trump.
  • Judge Jeannette Vargas lifted an earlier ban on DOGE’s entry to the Treasury Department’s payment systems after deeming required training and security clearances sufficient to protect sensitive data.
  • Chutkan ruled that Musk occupies a “continuing and permanent” executive position, rejecting the White House’s characterization of his role as purely advisory and temporary.
  • DOGE has penetrated multiple sensitive federal databases, including those of the IRS and Social Security Administration, sparking roughly 20 lawsuits over alleged unauthorized data access and agency restructuring.
  • Legal analysts say the unfolding decisions may set precedents on the limits of executive appointments and the privacy safeguards for nontraditional federal appointees.