A handful of these lawsuits argue that the very existence of DOGE is illegal and that Musk's role as a non–Senate confirmed "special government employee" with massive authority to set policy is unconstitutional.
By installing Musk and his DOGE team at the former U.S. Digital Service, President Donald Trump has "transformed a minor position that was formerly responsible for managing government websites into a designated agent of chaos without limitation and in violation of the separation of powers,"
reads a lawsuit filed by 14 Democratic state attorneys general yesterday.
On the other end of the spectrum are the numerous lawsuits that challenge the government-slashing fruits of DOGE: the cancellation of various grants, the partial closure of the U.S. Agency for International Development and dismissal of staffers there, the Trump administration's "fork in the road" deferred resignation program for federal workers, and more.
Sitting in between these two types of lawsuits is yet another set of complaints that challenges DOGE's access to the basic digital infrastructure of government, including the U.S. Treasury Department's payment systems and government personnel data held by the Office of Personnel Management (OPM).
Just Security's litigation tracker lists
eight lawsuits challenging DOGE's access to government data, and that appears to be an undercount.
While this third bucket of lawsuits might sound mundane, it likely represents the biggest threat to DOGE's work.
Plaintiffs in these records access lawsuits allege that DOGE's access to record systems is enabling the administration's other lawless activity, like illegally stopping grant payments and "deleting" whole agencies without congressional approval.