Federal Judge Rules Elon Musk's Government Role Likely Unconstitutional

Elliot Kim

Elliot Kim

March 18, 2025 · 3 min read
Federal Judge Rules Elon Musk's Government Role Likely Unconstitutional

Federal Judge Theodore Chuang has dealt a significant blow to Elon Musk's role in the Department of Government Efficiency (DOGE), ruling that his position is likely a violation of the United States Constitution's appointments clause. In a scathing opinion, Chuang cited statements from Musk and President Donald Trump, concluding that Musk is effectively acting as the head of DOGE, despite the government's claims that he is merely a "special advisor to the President."

The ruling comes in response to a lawsuit filed by unnamed workers at the United States Agency for International Development (USAID), which Musk has been instrumental in dismantling. Chuang's opinion is the most direct challenge to Musk's authority yet, and it raises significant questions about the legality of his actions. According to Chuang, Musk has "exerted actual authority" at USAID, exercising powers that only a properly appointed officer can wield.

The implications of Chuang's ruling are far-reaching. If upheld, it could lead to a significant reining in of Musk's powers and potentially even his removal from the role. The judge has ordered the restoration of some of USAID's operations and restricted Musk and DOGE from taking further steps to dismantle the agency. However, it remains to be seen whether Musk and the administration will comply with the order, given their recent statements on social media suggesting that judges who rule against them should be impeached.

President Trump's promotion of this idea has drawn widespread criticism, with Chief Justice of the Supreme Court John Roberts issuing a rare public statement rebuking the President. "For more than two centuries," Roberts wrote, "it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose." The exchange highlights the growing tensions between the executive branch and the judiciary, and raises concerns about the erosion of checks and balances in the US system of government.

The controversy surrounding Musk's role in DOGE has been brewing for months, with critics arguing that his lack of formal appointment and accountability makes his position unconstitutional. Chuang's ruling is the most significant development in this saga to date, and it will be closely watched as the case proceeds. One thing is clear: the battle over Musk's role in DOGE is far from over, and its outcome will have significant implications for the future of government accountability and the rule of law in the United States.

As the situation continues to unfold, one thing is certain – the tech community will be watching closely to see how this drama plays out. With Musk's reputation as a visionary entrepreneur and innovator on the line, the stakes are high. Will he be able to navigate the complexities of government bureaucracy and emerge unscathed, or will his role in DOGE ultimately prove to be his undoing? Only time will tell.

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