Suing DOGE: Musk, Trump, and an Imperial Presidency

A coalition of privacy defenders led by Lex Lumina and the Electronic Frontier Foundation filed a lawsuit on February 11 asking a federal court to stop the U.S. Office of Personnel Management (OPM) from disclosing millions of Americans’ private, sensitive information to Elon Musk and his “Department of Government Efficiency” (DOGE). As the federal government is the nation’s largest employer, the records held by OPM represent one of the largest collections of sensitive personal data in the country.

Is this a big deal? Should we care? Joining Pam today is Stanford Law Professor Mark Lemley, an expert in intellectual property, patent law, trademark law, antitrust, the law of robotics and AI, video game law, and remedies. Lemley is of counsel with the law firm Lex Lumina and closely involved in the DOGE case. In this episode, Lemley overviews urgent privacy concerns that led to this lawsuit, laws such as the Privacy Act, and legal next steps for this case. 

The conversation shifts to the current political landscape, highlighting the unprecedented influence of Silicon Valley, particularly under the Musk administration. Lemley contrasts the agile, authoritative management style of Silicon Valley billionaires with the traditionally slow-moving federal bureaucracy, raising concerns about legality and procedural adherence. The conversation also touches on the demise of the Chevron doctrine and the possible rise of an imperial presidency, drawing parallels between the Supreme Court's and the executive branch's power grabs—and how Lemley's 2022 paper, "The Imperial Supreme Court," predicted the Court's trend towards consolidating power. This episode offers a compelling examination of how technological and corporate ideologies are influencing American law.

Links:

• Mark Lemley >>> Stanford Law page
• “The Imperial Supreme Court” >>> Stanford Law publication page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X

(00:00:00) The Rise of Executive Power

(00:07:22) Concerns About Data Handling and Privacy
(00:08:41) The Impact of Silicon Valley's Ethos on Government
(00:14:01) The Musk Administration's Approach
(00:18:01) The Role of the Supreme Court
(00:24:43) Silicon Valley's Influence on Washington