A recent ruling by federal Judge Tanya Chutkan has brought to light the significant reach Elon Musk holds within the executive branch of the U.S. government. The judge’s ruling is a reminder of Musk’s lasting power and the unlimited power he holds. This begs some very basic questions about the legality of what he’s doing, especially with respect to his dubious DOGE DOGE initiative.
Elon Musk, perhaps the most influential tech billionaire, has become one of former President Donald Trump’s most visible backers. He is the face behind Trump’s push to roll back federal regulations, abolish select departments, and quickly shrink the federal government. His lack of a formal appointment by Congress severely constrains his authority. As such, he does not have the authority to implement bold changes on his own. Notwithstanding this, as Judge Chutkan pointed out, Musk’s reach goes well beyond SEC enforcement into every corner of the executive branch with no known limits.
In response to these revelations, the White House has tried to take credit for these initiatives and downplay Musk’s role. Conservatives have sought to present him as a simple advisor, as though that gets him off the hook for having no formal authority. This characterization could not be further from Judge Chutkan’s conclusions. It’s nothing short of astounding,” she said, emphasizing that Musk is in a uniquely important position to wield tremendous power over federal operations.
That controversial DOGE initiative, spearheaded by Musk, never received approval from Congress, making its legitimacy even more suspect. Musk has used the same approach to reprogram or eliminate any number of government websites, software and systems in his quest for fiscal discipline.
In February, a coalition of 14 states—led by New Mexico—sued Musk, DOGE, and Trump. expensive lawsuit to stop local governments from enacting measures allowed under this exceptionally harmful statewide anti-local control initiative. In a stunning twist, the judge ruled that she would drop Trump himself as a defendant in the case. Instead, the questioning turned to Musk’s outsized power.
“may not enjoin the President in the performance of his official duties” – Judge Chutkan
Chutkan’s ruling underscores the president’s important prerogative to choose his officers. This authority is conferred by the Appointments Clause of the U.S. Constitution. Critiques are plentiful at the prospect of Musk’s yet-to-be established power to make sweeping changes that might drastically affect government operations.
As the situation develops, it remains unclear how Musk will navigate these legal challenges while continuing to focus on his commitments with Tesla and other critical rollouts.