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States’ Lawsuit Against Musk’s DOGE Advances as Treasury Grants Staff Data Access

Judicial decisions now set the stage for defining executive appointment powers alongside new data security protocols under the Department of Government Efficiency

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 ruled that 14 states may proceed in their lawsuit accusing Musk and DOGE of wielding unauthorized executive power, dismissing claims against President Trump.
  • The plaintiffs allege Musk exercises significant authority within DOGE without formal Senate confirmation, raising questions under the Constitution’s Appointments Clause.
  • Separately, U.S. District Judge Jeannette Vargas granted specific DOGE employees conditional access to the Treasury Department’s Bureau of Fiscal Service payment systems after they completed required vetting and training.
  • Vargas’s modified injunction allows future DOGE hires to gain system access without additional court approval, provided they meet established security procedures.
  • The dual rulings will influence ongoing debates over executive order agencies’ scope and federal privacy protections as multiple challenges against DOGE continue.