Amicus With Dahlia Lithwick | Law, justice, and the courts The Constitutional Truth At The Heart Of The DOGE Cases
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Mar 8, 2025 In this engaging conversation, Kate Shaw, a law professor at the University of Pennsylvania and co-host of the Strict Scrutiny podcast, dives into the constitutional chaos surrounding Elon Musk's DOGE initiative. She discusses the murky legality of Musk's actions, government efficiency, and the complexities of executive appointments. Shaw also unpacks the legal labyrinth affecting the Justice Department's approach to Dogecoin, highlighting the critical role of constitutional principles in maintaining accountability during tumultuous times.
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Constitutional Concerns of DOGE
- Elon Musk's involvement with DOGE raises constitutional concerns.
- His authority is unclear, creating confusion for government lawyers.
Appointments Clause and Musk's Role
- The Constitution details officer appointments, requiring presidential nomination and Senate confirmation for principal officers.
- Congress can delegate appointment power for inferior officers, but Musk's role seems inconsistent with this process.
Musk's Authority vs. Official Designation
- Musk's authority resembles that of a principal officer, despite claims of him being an advisor.
- Courts have recognized individuals with less authority than Musk as officers, raising questions about his position.
