"Defendants appear to make the extraordinary argument that an individual who holds an important office and wields immense power is not subject to the Appointments Clause so long as the office was unlawfully created, and the power was unlawfully seized."
"The court will not countenance such a two-fold attack on Congress's role in our system of checks and balances."
A lawsuit claims Elon Musk unlawfully seized excessive power as the leader of the Department of Government Efficiency, requiring Senate confirmation for significant actions. The plaintiffs argue Musk's actions exceeded the authority granted by President Trump's executive orders. US District Judge Tanya S. Chutkan rejected the government's defense that Musk did not hold a formally established office, stating that such an interpretation undermines the Appointments Clause and Congress's role in checks and balances. The judge emphasized the importance of adhering to constitutional requirements for appointments.
Read at Ars Technica
Unable to calculate read time
Collection
[
|
...
]