A federal judge has raised concerns about the constitutionality of the U.S. DOGE Service, established by the Trump administration and led by Elon Musk. Judge Colleen Kollar-Kotelly indicated that the operation might violate the appointments clause, which mandates that agency leaders must be nominated by the president and confirmed by the Senate. Her comments arose during a civil case initiated by labor unions and a retirees' group seeking to prevent Musk's team from accessing sensitive Treasury records, implying that legal challenges could emerge regarding the agency's legitimacy.
Based on the limited record I have before me, I have some concerns about the constitutionality of U.S.D.S.'s structure and operations.
Judge Kollar-Kotelly expressed particular concern that it violated the appointments clause of the Constitution, which requires leaders of federal agencies to be nominated by the president and confirmed by the Senate.
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