Fourteen states have launched a legal challenge against President Trump and Elon Musk, contesting Musk's leadership of the Department of Government Efficiency (DOGE). The lawsuit, filed in a Washington, D.C. federal court, alleges that Musk's extensive authority violates the U.S. Constitution and labels him a "disruptive force." The states argue that Musk's power to reshape government agencies requires formal presidential nomination and Senate confirmation, as stipulated by the Constitution's Appointments Clause.
The lawsuit, spearheaded by New Mexico Attorney General Raul Torrez, along with officials from 13 other states, including Arizona, Michigan, and California, contends that concentrating such significant power in an unelected individual poses a grave threat to democracy. They draw parallels between Musk's influence and the potential abuses of an unchecked monarch, highlighting the importance of constitutional safeguards. Notably, two of the states involved have Republican governors.
A separate lawsuit filed by 26 current and former USAID employees and contractors echoes the constitutional concerns raised in the states' suit. This lawsuit, filed in Maryland, seeks to prevent Musk and DOGE from implementing budget cuts unless Musk undergoes proper nomination and confirmation processes. It emphasizes the unprecedented nature of Musk's authority, including his ability to halt congressionally approved funding and dismantle federal agencies.
The 14 states also argue that the president cannot bypass existing laws regarding the executive branch and federal spending. They assert that the president lacks the authority to create or eliminate federal agencies or to drastically reduce the federal workforce, referencing the Trump administration's "deferred retirement" offer to government employees.
DOGE, central to Trump's campaign promise of government downsizing, has faced multiple legal challenges alleging improper access to sensitive information and unlawful agency restructuring. Courts have temporarily restricted DOGE's access to data at the Treasury Department, and the Department of Education has limited DOGE's access to student loan records. A lawsuit concerning the dismantling of USAID led to a temporary order preventing the agency from placing over 2,000 employees on leave.
The states' lawsuit emphasizes that the president cannot unilaterally dismantle the government or delegate such authority to an unconfirmed individual. While the White House considers Musk a "special government employee," the states maintain that his extensive authority and direct reporting to the president qualify him as a "principal officer" requiring Senate confirmation. They argue that Musk's influence extends across numerous federal agencies, including directing staffing decisions.
The 14 states seek a court order to restrict Musk's ability to alter federal agencies and to declare his actions and those of his subordinates unlawful. Both Musk and the Trump administration defend DOGE's actions as efforts to eliminate government waste and potential corruption. White House spokesperson Karoline Leavitt maintains that Musk is adhering to all applicable laws.
