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... According to the plaintiffs, Musk needed Senate confirmation before directing DOGE on drastic actions like eliminating agencies, mass firings, and steep budget cuts. Allegedly going far beyond the authority granted in President Donald Trump's most expansive DOGE executive orders, Musk took every inch of power granted and then increasingly used it to overreach unlike any presidential advisor who came before, the suit says.

In her opinion partly denying a motion to dismiss, US District Judge Tanya S. Chutkan did not buy the US government's defense that Musk held no office formally established by law -- and therefore did not need Senate confirmation and cannot be alleged to have exceeded his authority under the Constitution's Appointments Clause.

"Nobody thinks, for instance, that the White House Chief of Staff or White House Counsel are officers in any fashion, despite the fact they may exercise tremendous influence across the government," the government's motion to dismiss said.

Chutkan called the defense "disquieting."

"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," Chutkan said. ...

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... What if you aren't rich?

The typical American can't afford the median-priced home. A new car is out of reach for many, with the average monthly payment exceeding $700. Food banks are seeing a growing number of people skipping meals because they can't afford groceries, and more middle-class Americans are selling their plasma to make ends meet.

The divide between rich and poor in America is the widest it's been in at least a generation -- and growing.

The amount of wealth held by the top 1% increased at more than double the rate of the bottom 90% in the first nine months of last year, according to Federal Reserve figures. ...

President Donald Trump's policies are amplifying these trends. One year into his second term, his administration has cut programs helping lower-income households while advancing policies benefiting the wealthy and corporations. He's signed legislation to cut food stamps and Medicaid benefits and put new restrictions on low-income housing assistance and student loans. To cope with higher costs from tariffs, he has suggested Americans buy fewer dolls for their children.

Meanwhile, the Trump administration has given billions of dollars in tax cuts to corporations and the wealthy and loosened regulations on banks while easing rules around cryptocurrency, which he's benefited from personally. ...