The judge said Musk appears to lack the legal authority to direct alterations to the government because he is not a Senate-confirmed official and DOGE was never authorized by Congress.

“The Constitution does not permit the Executive to commandeer the entire appointments power by unilaterally creating a federal agency pursuant to Executive Order and insulating its principal officer from the Constitution as an ‘advisor’ in name only,” Chutkan wrote.

Chutkan said plaintiffs have also sufficiently alleged that they were harmed by DOGE’s “unauthorized access” to “private and proprietary information” and other actions.

Another source if you don't like this one: https://www.pbs.org/newshour/politics/a-judge-refuses-to-toss-states-lawsuit-against-elon-musk-and-doge