"Chutkan called the defense “disquieting.”
“Defendants appear to make the extraordinary argument that an individual who holds an important office and wields immense power is not subject to the Appointments Clause so long as the office was unlawfully created, and the power was unlawfully seized,” Chutkan said."
https://arstechnica.com/tech-policy/2026/03/all-of-doges-work-could-be-undone-as-lawsuit-against-musk-proceeds/