Overview
- The consolidated case, which Judge Tanya Chutkan allowed to proceed Monday, claims the Department of Government Efficiency acted without lawful authority and that Elon Musk wielded powers that would normally require Senate confirmation.
- Chutkan dismissed other lines of attack by the plaintiffs, throwing out claims under the Administrative Procedure Act and certain separation‑of‑powers arguments.
- The Justice Department petitioned the Supreme Court on March 18 to stop watchdog group CREW from taking testimony and obtaining internal records, arguing DOGE is not an agency covered by the Freedom of Information Act’s disclosure rules.
- Discovery fights continue in related proceedings, with a court ordering a search for any White House phone numbers Musk used and with deposition videos of former DOGE staff now cleared for online release after a brief takedown.
- If the plaintiffs prove Appointments Clause violations or “ultra vires” conduct—meaning actions beyond legal authority—the court says it could vacate Musk‑initiated policies, which could restore grants and jobs that groups and states say were cut.