Elon Musk will have to face a lawsuit that claims he wielded illegal power to help US President Donald Trump cut federal government jobs and spending. A judge has ruled that the case can continue, reported Bloomberg.

US District Judge Tanya Chutkan on Tuesday said no to a request from the Justice Department to throw out the case. The lawsuit was brought by Democratic state attorneys general. They filed the case against both Musk and the Department of Government Efficiency (called DOGE). However, the judge did drop the case against Trump, saying courts cannot interfere with the actions of a president doing his official duties.

Musk’s role under question

Judge Chutkan said the states had enough specific facts and early evidence to continue with their claims, the report said. They argue that Musk was given the same power as top government officials confirmed by the Senate. Musk has been the face of DOGE, but he has said that he doesn’t have an official role or the power to make federal agencies follow Trump’s cost-cutting plans. Last month, Musk had said he would reduce his work with DOGE to focus more on his companies, like Tesla and SpaceX.

Musk and DOGE in legal hot seat

Since Trump became president in January, Musk and DOGE have faced several legal challenges. Some lawsuits want to stop Musk and his team from accessing government systems and personal data of Americans.

Usually, decisions like Judge Chutkan’s — which allow a case to continue — cannot be appealed, reported Bloomberg. But the Justice Department might try anyway, saying the case raises big questions about presidential power and how the Constitution should be understood.

This decision came after a higher court had already paused a previous ruling by Chutkan. That earlier decision allowed state attorneys general to ask Musk and DOGE for documents and information. The higher court said it would wait until Chutkan decided if the case should move forward — which she now has.