An open letter to the U.S. Supreme Court

Defend Constitutional Oversight of Executive Branch Appointments

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The situation with Elon Musk's role as the de facto head of the Department of Government Efficiency (DOGE) raises significant constitutional concerns. Legal experts argue that Musk is effectively serving as an unconfirmed "officer of the United States," exercising vast authority over federal agencies, spending, data, and policies. This appears to violate the Appointments Clause of the Constitution, which requires such officers to be confirmed by the Senate. While the administration claims Musk is merely an unpaid "special government employee," the lawsuits allege he has gone far beyond that limited scope, directly making decisions that impact government operations and personnel. The Supreme Court has established clear criteria for determining who qualifies as an officer requiring Senate confirmation. Allowing Musk to wield this level of power without any constitutional accountability sets a dangerous precedent that undermines vital checks and balances. Immediate steps should be taken to ensure compliance with the Appointments Clause and preserve the constitutional integrity of the executive branch's authority. Failure to address these legitimate concerns could further enable unchecked overreach and erosion of democratic principles.

▶ Created on February 18 by Kittens against Trump

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