Appointments Clause

Judge Holds Emergency Holiday Hearing on Musk’s DOGE Team

A U.S. District Judge in Washington, D.C., made the unusual decision to schedule a hearing on a federal holiday, Presidents Day, to address a case involving Elon Musk’s controversial Department of Government Efficiency (DOGE) team. The hearing, set for Monday, followed Friday’s arguments from thirteen Democratic state attorneys general who sought a temporary restraining order against DOGE.

This unusual scheduling underscores the urgency surrounding the case. The attorneys general are attempting to halt DOGE’s access to sensitive information systems across numerous federal agencies, including the Departments of Labor, Education, Health and Human Services, Energy, Transportation, and Commerce, as well as the Office of Personnel Management.… Continue reading

Lawsuit Challenges Musk’s DOGE, Using Justice Thomas’s Argument Against Trump

Fourteen states have filed a lawsuit against Elon Musk, the Department of Government Efficiency (DOGE), and President Trump, arguing that Musk’s position within DOGE violates the Constitution’s Appointments Clause. The suit mirrors the successful challenge to Jack Smith’s authority in the Mar-a-Lago documents case, utilizing Justice Thomas’s concurrence in that case to support their claim that Musk is an unappointed principal officer. The plaintiffs contend that the executive branch lacks the power to unilaterally create DOGE and that Musk’s actions are therefore unconstitutional. They seek a temporary restraining order, preliminary injunction, and declaratory relief to halt DOGE’s operations and nullify Musk’s actions.

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14 States Sue Elon Musk, Claiming Unconstitutional DOGE Authority

Fourteen states filed a lawsuit against Elon Musk and President Trump, alleging the White House unconstitutionally granted Musk extensive power through the Department of Government Efficiency (DOGE). The suit argues that Trump violated the Appointments Clause by creating DOGE and giving Musk unchecked authority without congressional approval or Senate confirmation. The states seek to prevent Musk from making changes to government funding, contracts, and personnel decisions. The White House has dismissed the lawsuit as politically motivated, while multiple other legal challenges against DOGE are already underway.

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