In the end, the fight between President Donald Trump and Elon Musk may see the latter turning to the same institution that he has tried to tear down over the last year in the president’s name: the courts. And the truth is, even the richest man in the world deserves legal protection. That’s how the Constitution and the rule of law work, despite Musk’s best efforts to run over both.
Musk spent months and hundreds of millions of dollars to support Trump’s campaign in 2024. He then spent the first several months of Trump’s second presidency helping to cut government programs and employees and criticizing the administration’s foes. One frequent target of his attacks has been the courts. He called for the impeachment of judges who resisted the administration’s agenda and even tried to sway a judicial election in Wisconsin for a seat on its Supreme Court.
Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”
Justice Sonia Sotomayor
Last month, the Republican majority in the House (which Musk claims to have saved) passed the “One Big Beautiful Bill Act,” which would explode the deficit, cut taxes mostly for the wealthy, cut services for the poor and kill the tax break for electronic vehicles such as Teslas. Earlier this week, Musk began speaking out against the bill, calling it “pork-filled” and a “disgusting abomination.”
The feud became more personal Thursday, with Trump criticizing Musk in the Oval Office. As Musk continued to fire back, Trump said he will explore cutting his administration’s extensive contracts with Musk’s companies, including Starlink and SpaceX. “I was always surprised that Biden didn’t do it!” Trump wrote.
Musk likewise doubled down, sharing footage of Trump and Jeffrey Epstein and approving a social media post that called for Trump’s impeachment. By the end of the day, Musk had gestured at conciliation, but as of Friday, the president was not in the same mood, with a senior White House aide telling NBC News that Trump was “not interested” in a call to cool tensions.
So, where might Musk turn to stop the Trump train from running over his companies? It wasn’t long ago that Musk threatened to use his wealth to fund primary challenges against any Republican who might seek to rein in Musk’s activities through his so-called Department of Government Efficiency. But the leverage there relied as much on Trump’s sway over the GOP base as on Musk’s funds. It is certainly possible that Musk could spend enough to sway elected officials to slow down such attacks on his companies. Yet such an approach, even if successful, would take a significant amount of time, with only marginal gains in the short term.
Ironically, should the president seek to cut the federal government’s ties with Musk’s companies based on his criticism, it is the courts that will likely serve as the best forum in which to challenge any retribution.
Over the last month, three law firms — Perkins Coie, Jenner & Block and WilmerHale — have all succeeded in defeating Trump’s efforts to punish them for standing up to him. They have all relied, in part, on a decision of the U.S. Supreme Court from last year, NRA v. Vullo. In that case, a unanimous court found that a government official in New York could not punish the NRA and the companies with which it did business for the organization’s political speech (in that case, opposing gun regulation). Under the First Amendment, Justice Sonia Sotomayor wrote for the court, “government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.” One would be hard-pressed to say that what the administration is threatening to do against Musk’s companies doesn’t fall squarely under the prohibitions the court identified in that case. Despite railing against the institutions that might stand in the way of his and Trump’s agenda for months, Musk will now have to trust in those institutions. But that is how our First Amendment, our courts and the rule of law function; they typically protect even their fiercest critics. Musk spent months and hundreds of millions of dollars to support Trump’s campaign in 2024. He then spent the first several months of Trump’s second presidency helping to cut government programs and employees and criticizing the administration’s foes. One frequent target of his attacks has been the courts. He called for the impeachment of judges who resisted the administration’s agenda and even tried to sway a judicial election in Wisconsin for a seat on its Supreme Court.
Ray Brescia
Ray Brescia is a professor of law at Albany Law School and author of the book “The Private Is Political: Identity and Democracy in the Age of Surveillance Capitalism.” 
