Demystifying DOGE

Around 200 lawsuits and appeals have been filed against actions taken by the Trump administration, and around 30 implicate DOGE.

Some of these deal with the status of DOGE, questioning Mr Musk’s position in the government and the constitutional basis for the creation of the department. One of these — J. Does v. Musk – has been filed by state attorneys general and retired government officials, and alleges that Mr. Musk’s role required confirmation by the Senate, given the authority he was wielding. A multi-State suit – New Mexico v. Musk – raises similar contentions. The lack of transparency has given rise to lawsuits alleging violation of the Federal Advisory Committee Act (Center for Biological Diversity v. U.S. Department of Interior, Public Citizen v. Trump).

Other suits have questioned the dismantling of agencies or their boards by DOGE. Brehm v. Marocco deals with the shuttering of the African Development Foundation, while at least two suits relate to the actions taken by DOGE at the United States Institute of Peace (Pippenger v. DOGE, United States Institute of Peace v. Kenneth Jackson). The decision in the second lawsuit, ruling that DOGE’s actions at USIP were unlawful , has been appealed.

Layoffs and cuts have also been challenged in court. A Maryland judge ruled on March 13 that the government should rehire probationary employees who were fired without cause (in State of Maryland v. United States Department of Agriculture ), but this has been appealed by the government. Some complaints are making their way through administrative bodies which serve appellatory functions. Several citizen organisations and non-profits all came together in Japanese American Citizens League v. Musk , alleging that DOGE and Musk’s actions were ultra vires the constitution and causing harm to the public. Actions cited by them included the firing of federal employees in departments such as the Department of Education and National Park Service, and the cutting of funding for scientific research.

The biggest tranche of suits involving DOGE perhaps is those alleging violation of privacy laws by permitting access to sensitive government information such as social security numbers and tax information. This includes those brought by the American Federation of State, County and Municipal Employees, the Alliance for Retired Americans and the American Federation of Teachers. On March 20, a temporary restraining order blocked DOGE from accessing social security records.