Musk must face suit challenging power as Trump aide, judge says

Zoe Tillman, Bloomberg News on May 27, 2025

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WASHINGTON — Elon Musk will have to face a lawsuit that claims the billionaire is wielding illegal power by orchestrating President Donald Trump’s dramatic cuts in federal government jobs and spending, a judge ruled.

U.S. District Judge Tanya Chutkan on Tuesday denied a request by the Justice Department to toss the case filed by Democratic state attorneys general against Musk and the Department of Government Efficiency. But she dismissed the case against Trump, saying courts can’t limit the actions of a president performing his official duties.

Chutkan ruled the states presented specific enough allegations and enough preliminary evidence to proceed with claims that Musk was granted the same authority as Trump’s Senate-confirmed cabinet. While Musk has been the public face of DOGE, he’s denied he holds a formal position or has any authority to direct agencies to carry out the president’s cost-cutting agenda. Musk said last month he’ll cut back significantly on his DOGE work to be “super focused” on his businesses, including Tesla Inc. and SpaceX.

Musk and his U.S. DOGE Service have faced a slew of legal challenges since Trump took office in January. In addition to questioning the role of Musk and his DOGE-affiliated staff, some suits are seeking to block their access to agency systems and records that contain vast troves of Americans’ financial and personal information.

While rulings to deny motions to dismiss normally can’t be appealed, the Justice Department could argue for an exception because the case presents significant questions about presidential power and interpreting the U.S. Constitution.

Chutkan’s decision comes after the U.S. Court of Appeals for the D.C. Circuit in March paused her earlier ruling allowing the state attorneys general to demand records and information from Musk and the US DOGE Service. The appeals court had delayed that fight until Chutkan ruled on whether to let the case go forward.

The case is New Mexico v. Musk, 25-cv-429, U.S. District Court, District of Columbia (Washington).

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