...next time I won't be responding! Is Elon Musk's government role unconstitutional? What the Supreme Court might say.
Critics say the DOGE head must be confirmed by the Senate to be lawful.
ByDevin Dwyer
February 18, 2025, 5:08 AM
To his critics, Elon Musk is an unelected and unaccountable government official wielding expansive executive power in violation of the U.S. Constitution.
To President Donald Trump, the world's richest man is a trusted adviser and authorized deputy, leading an unconventional -- but entirely legal -- campaign to downsize federal agencies.
Now a pair of lawsuits have put a spotlight on the legality of Musk's status as de facto administrator of the Department of Government Efficiency, or DOGE, with federal courts -- potentially the Supreme Court -- soon to decide whether his role complies with the Constitution's appointments clause.
The cases have the potential to sideline Musk and, at least temporarily, undo changes he has appeared to authorize involving federal agencies, property, staffing and policy, legal experts told ABC News. But the outcome is far from certain.
