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New Mexico v. Musk

No. 1:25-cv-00429 District · Decided Decided
Court
D.D.C.
dcd
Judge
Tanya S. Chutkan
Decided
Dec 23, 2025
Filed
Feb 13, 2025
Judge (CL)
Tanya S. Chutkan
Filed (CL)
Feb 13, 2025
CL Status
terminated

Case Overview

A coalition of states sued Elon Musk and DOGE in federal court, arguing that Musk was running a federal agency without ever going through Senate confirmation — which the court found, in a May 2025 ruling, was likely required. The judge dismissed President Trump from the case (presidents can't be enjoined from their official duties), but Musk and DOGE stayed in, and the court documented real harm: mine shafts left open, coal fires spreading, safety services in New Mexico's mining and minerals division cut off because federal funds were shut down. As of spring 2026, the case is in discovery and moving forward.


The Conclusion

**Federal judge found that Elon Musk likely required Senate confirmation to head DOGE.** The May 2025 ruling determined probable Appointments Clause violation, allowing states' claims to proceed into discovery against Musk and DOGE. President Trump was dismissed on executive immunity grounds; documented harms to state mining services supported the case's advancement.

Outcome History (3)

  1. May 27, 2025 District
    Dismissed Relief denied

    Defendants' Motion to Dismiss is GRANTED in part and DENIED in part.

  2. Dec 17, 2025 District
    Voluntarily dismissed Settled Final

    State Plaintiffs' Notice of Voluntary Dismissal, State Plaintiffs' Complaint is dismissed without prejudice and the case is closed.

  3. Mar 23, 2026 District
    Preliminary injunction denied Relief denied

    Defendants' Motion to Dismiss is GRANTED in part and DENIED in part, Plaintiffs' Motion for Expedited Discovery is DENIED without prejudice.

Federal Court TMR-8bd7b645 <a href="https://www.lawfaremedia.org/article/trump-orders-establishment-of-the-department-of-government-efficiency"> DOGE</a> Constitutionality May 18, 2026
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