Elon Musk and Vivek Ramaswamy have set their sights on slashing federal regulations through the newly formed Department of Government Efficiency (DOGE). The pair, appointed by President-elect Donald Trump to spearhead DOGE, believe they can streamline dismantling numerous federal regulations by relying on two recent Supreme Court rulings. However, several legal and regulatory experts dispute this interpretation, arguing that these rulings may make it harder to overturn existing rules.
Musk and Ramaswamy point to the Supreme Court’s decisions in Loper Bright and West Virginia, both of which restricted federal agencies’ regulatory authority. These cases overturned long-standing precedents requiring courts to defer to federal agencies’ rulemaking when a law is ambiguous and reduced agencies’ power to address major economic and political issues without explicit congressional authorization. In an op-ed for The Wall Street Journal, Musk and Ramaswamy wrote, “Together, these cases suggest that a plethora of current federal regulations exceed the authority Congress has granted under the law.” They propose that DOGE present a list of regulations to President Trump, who can pause their enforcement and initiate the review process.
However, experts caution that recent Supreme Court rulings might actually complicate the process of rescinding regulations. An administrative law expert and University of Michigan Law School professor, Nicholas Bagley stressed that these cases limit agency discretion and do not enhance the executive branch’s ability to reconsider old regulations. Moreover, federal departments would have to follow the administrative process to overturn a rule, which includes issuing a new regulation, justifying the change, and allowing public comment.
Musk and Ramaswamy’s deregulatory mission
This arduous process could take years and likely face legal challenges. George Washington University law professor Richard Pierce Jr. said, “It’s a very painstaking, very difficult process that’s likely to fail in most cases.”
Furthermore, Musk and Ramaswamy’s pledge to cut agency staff could undermine their mission. James Broughel, senior fellow at the Competitive Enterprise Institute, noted, “These are the people that they’re going to need to review all these regulations.” Without the expertise of career civil service staff, the effort to roll back regulations could falter. Musk, CEO of Tesla and SpaceX, and Ramaswamy, a biotech entrepreneur, have business interests that could benefit from deregulation.
Musk has publicly criticized regulatory processes, arguing they impede technological advancements. It’s pretty arduous getting regulatory approval,” Musk said, citing his experience with Neuralink, his company developing brain-computer interfaces. While Musk and Ramaswamy have ambitious plans to cut federal regulations through DOGE, legal experts suggest that their interpretations of recent Supreme Court decisions may complicate rather than simplify the process.
Additionally, cutting the workforce needed to review regulations could backfire, posing significant challenges to their deregulatory efforts.
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