https://www.democracydocket.com/analysis/the-legal-challenges-to-elon-musks-doge-explained/
In November, President Donald Trump issued an executive order renaming the U.S. Digital Service (originally created under President Obama) as the Department of Government Efficiency (DOGE) and placing it under Elon Musk. Because only Congress can create new federal agencies, questions quickly arose about DOGE’s legal standing and authority, especially regarding its attempts to access sensitive data in multiple federal departments.
Key Points:
1. Creation of DOGE:
Trump effectively renamed the U.S. Digital Service and shifted its focus to investigating federal “waste and fraud.”
Its legality is in doubt because an agency typically requires congressional approval, and several groups argue DOGE should be treated as an “advisory committee” under the Federal Advisory Committee Act.
2. Legal Challenges:
A trio of lawsuits (by Public Citizen, Democracy Forward, and National Security Counselors) contend that DOGE’s structure and operations violate federal law.
The Department of Justice wants to consolidate these suits, but no major legal rulings have been made yet.
3. Access to Sensitive Data:
DOGE demanded personal and financial information from the Treasury, Education, and Labor Departments.
Federal unions and advocacy groups sued to block DOGE’s access, citing privacy concerns and potential overreach.
Courts temporarily halted DOGE’s data collection efforts by granting limited or no access until further rulings.
4. Uncertain Future:
DOGE’s ability to exist, as well as its authority to gather sensitive data and “dismantle” agencies, remains in limbo.
Lawsuits argue that granting DOGE broad or unchecked powers violates both privacy laws and the Administrative Procedures Act.
More decisions are expected soon, but for now, DOGE’s data access at key agencies is mostly on hold.