Now that various courts have declared many DOGE-led job cuts illegal, is it possible Elon Musk will face civil suits related to the unlawful terminations? While government officials have some degree of immunity from civil liability, Musk is more or less a private citizen. I could see possible damages in the hundreds of millions of dollars and punitive damages in the billions.
But of course--it was only a matter of time before our age's most prolific tech messiah, Mr. Musk, found himself entangled not in wires or rockets, but in the rather less glamorous circuitry of constitutional law. His curiously potent role in the so-called Department of Government Efficiency--DOGE, with all the seriousness of a meme--has begun to attract not merely public scrutiny but judicial disdain. Courts, still occasionally animated by the Constitution, have already taken DOGE to task for its indiscriminate culling of public employees and the abrupt shuttering of entire agencies, acts redolent not of efficiency but of autocratic whimsy.
Musk, it bears repeating, is not a government official. He is unelected, unbeholden, and, most crucially, unprotected by the cloaks of immunity traditionally afforded to public servants. This, perhaps, is where the real spectacle begins. Should litigants succeed in demonstrating that his actions inflicted quantifiable harm--be it economic, psychological, or the broader malaise of bureaucratic vandalism--he may yet be summoned to the dock. The potential damages are not trifling; when the guillotine falls on thousands, the price of redress may be measured not in millions but in billions, especially if the courts, in a rare show of spine, opt to award punitive damages. I do hope so.
Yet we are still mid-act in this legal opera. The ending will depend on a waltz of filings, facts, and the courts’ willingness to look past the halo of celebrity to the substance of power. Should the judiciary determine that an unelected industrialist has wielded governmental authority without the corresponding legal burden, we may be witnessing the early chapters of a precedent that reminds Silicon Valley that even techno-oracles are not gods.