Fourteen states have sued President Donald Trump, the Department of Government Efficiency (DOGE), and DOGE boss Elon Musk claiming Musk’s role as DOGE boss is illegal & grants him too much “authority.”
The suit was filed Thursday in D.C. by the attorneys general of Arizona, Michigan, New Mexico, California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Washington, and Vermont.
Led by New Mexico, the states argue that Musk’s role violates the Appointments Clause of the Constitution because he wasn’t confirmed by the Senate and that he’s acted as a “designated agent of chaos.”
“President Trump has delegated virtually unchecked authority to Mr. Musk without proper legal authorization from Congress and without meaningful supervision of his activities,” the lawsuit reads. “As a result, he has transformed a minor position that was formerly responsible for managing government websites into a designated agent of chaos without limitation and in violation of the separation of powers.”
The suit goes on to claim this setup is antithetical to America’s “constitutional structure.”
“Mr. Musk’s seemingly limitless and unchecked power to strip the government of its workforce and eliminate entire departments with the stroke of a pen or click of a mouse would have been shocking to those who won this country’s independence,” the partisan lawsuit reads.
“There is no office of the United States, other than the President, with the full power of the Executive Branch, and the sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure,” it continues.
Today, @miattygen @dananessel, along with New Mexico Attorney General Raul Torrez and @AZAGMayes, led a coalition of 14 states in filing a lawsuit challenging the unlawful delegation of executive power to Elon Musk. pic.twitter.com/z3Qr4WOiDu
— Michigan Attorney General Dana Nessel (@MIAttyGen) February 13, 2025
The suit further suggests Musk has been consolidating power.
“There is no greater threat to democracy than the accumulation of state power in the hands of a single, unelected individual,” it reads. “Although our constitutional system was designed to prevent the abuses of an 18th century monarch, the instruments of unchecked power are no less dangerous in the hands of a 21st century tech baron.”
The lawsuit also accuses the DOGE boss of “unraveling agencies, accessing sensitive data, and causing mass chaos and confusion for state and local governments, federal employees and the American people.”
The attorneys general from New Mexico, Arizona, and Michigan repeated some of these hyperbolic accusations during a virtual news conference Thursday, according to The Center Square.
“This is an undemocratic administration in power,” Arizona Attorney General Kris Mayes alleged. “They appear hell-bent on undoing 250 years of adherence to law in the nation.”
New Mexico Attorney General Raul Torrez and Michigan Attorney General Dana Nessel meanwhile stressed that Musk had been appointed without any congressional confirmation.
When asked whether they’d have filed the suit if Trump were a Democrat, Nessel dubiously claimed yes.
We cannot allow our democratic processes to be hijacked by immense wealth and privilege.
Proud to stand with @MIAttyGen, @TorrezforNM, and our Dem AG colleagues in fighting back against this violation of our Constitution. https://t.co/gHxBHGti78 pic.twitter.com/SQZsxfnGWT
— AZ Attorney General Kris Mayes (@AZAGMayes) February 13, 2025
“Empowering an unelected billionaire to access Americans’ private data, slash funding for federal student aid, stop payments to American farmers and dismantle protections for working families is not a sign of President Trump’s strength, but his weakness,” Torrez said in a separate statement.
“Despite his claim to be operating under a mandate from the American people, the President seems afraid to get Congressional approval for his ‘move fast and break things’ approach to the Presidency,” he added.
This wasn’t the only anti-DOGE suit filed Thursday. In a separate suit, 26 current and former U.S. Agency for International Development (USAID) employees demanded Musk be forced to stop his work unless he’s confirmed by the Senate, according to ABC News.
“The scope and reach of his executive authority appear unprecedented in U.S. history,” this suit reads. “His power includes, at least, the authority to cease the payment of congressionally approved funds, access sensitive and confidential data across government agencies, cut off systems access to federal employees and contractors at will, and take over and dismantle entire independent federal agencies.”
White House press secretary Karoline Leavitt responded to the latest lawsuits by accusing them of them a “continuation of the weaponization of justice against President Trump.”
“The White House will continue to fight these battles in court, and we expect to be vindicated,” she added.
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