14 states file lawsuit alleging Elon Musk's authority at DOGE is unconstitutional
The lawsuit is one of several accusations that President Donald Trump overstepped the Constitution and Musk operated with unchecked authority.
A group of 14 states sued Elon Musk and President Donald Trump on Thursday, arguing that the White House's authority granted to the tech billionaire and his government efficiency advisory body is unconstitutional.
The lawsuit, filed by Democratic attorneys general from Arizona, Michigan, and Rhode Island, aims to determine Musk's authority size and scope. It notes that the government efficiency department has led the Trump administration's efforts to drastically reduce the size of the federal workforce, dismantle entire agencies, and access sensitive data.
"The founders of this country will be outraged that 250 years after our nation overthrew a monarch, the people of this country — many of whom fought and died to protect our freedoms — are now subject to the whims of a single, unelected billionaire," Arizona Attorney General Chris Mayes said in a statement.
The attorneys general allege that Trump violated the Appointments Clause of the Constitution by creating an unofficial government agency — without congressional approval — and granting Musk "broad powers" without seeking the advice and consent of the Senate through a confirmation hearing.
"President Trump has delegated virtually unfettered authority to Mr. Musk without proper legal authorization from Congress and meaningful oversight of his activities," the lawsuit says. "As a result, he has transformed a subordinate position previously responsible for managing government websites into a dedicated agent of chaos, unfettered and in violation of the separation of powers."
The states seek an injunction that would block Musk from changing government funding, canceling contracts, making personnel decisions, and more.
The lawsuit is the latest in a series of legal challenges to the Trump administration On DOGE. On Thursday, a group of government employees filed a lawsuit seeking to block Musk and DOGE from accessing sensitive data and removing federal employees until Musk is "properly appointed under the Constitution of the United States."
Last week, New York Attorney General Letitia James and 18 other attorneys general sued the Trump administration to block DOGE from accessing personal data held by the Treasury Department, calling such access "unconstitutional." A federal judge temporarily granted that request, finding that states "would face irreparable harm absent judicial relief."
In a separate lawsuit, a federal judge granted a request from 22 state attorneys general to block the Trump administration's efforts to make sweeping cuts to federal research agencies' spending on equipment, maintenance, facilities, and support personnel.
Despite the legal challenges, Trump has stood by Musk and DOGE, praising their efforts to shrink the federal government. He has also criticized the courts for putting up roadblocks.
"We have to make our government smaller, more efficient, more effective, much less expensive, and we can find a trillion dollars," Trump told reporters on Wednesday. "But the courts are holding us back; they're filing lawsuits in certain courts where it's very hard to win, and the judge will stop us."
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