14 states sue DOGE, calling Musk’s 'unprecedented' power unconstitutional
Shreedhar Rathi | Feb 14, 2025, 08:08 IST
Fourteen states sued President Trump and Elon Musk, challenging Musk’s authority as head of the Department of Government Efficiency. They argue Musk’s power violates the Constitution and threatens democracy. The lawsuit demands limits on Musk's restructuring powers. A separate lawsuit by USAID employees also questions Musk's unprecedented authority.
Fourteen states have filed a federal lawsuit against President Donald Trump and Elon Musk, challenging Musk’s authority as head of the Department of Government Efficiency (DOGE). The lawsuit accuses Musk of being a “designated agent of chaos” and claims his broad powers violate the U.S. Constitution.
“Musk’s seemingly limitless and unchecked power to dismantle government agencies with the stroke of a pen—or a click of a mouse—would have been unthinkable to the founders of this nation,” the lawsuit states. Filed Thursday in federal court in Washington, D.C., the complaint argues that Musk's authority violates the Appointments Clause, which requires high-ranking officials to be nominated by the president and confirmed by the Senate.
Led by New Mexico, the lawsuit warns that consolidating such sweeping authority in a single unelected individual threatens democracy. “Although our Constitution was designed to prevent the abuses of an 18th-century monarch, unchecked power in the hands of a 21st-century tech baron is no less dangerous,” the suit argues. The attorneys general of Arizona, Michigan, Maryland, Minnesota, California, Nevada, Vermont, Connecticut, Rhode Island, Massachusetts, Oregon, Washington, and Hawaii joined New Mexico in the legal challenge. Two of these states have Republican governors.
In a parallel legal challenge, 26 current and former USAID employees and contractors also sued Musk on Thursday in federal court in Maryland. Their lawsuit makes similar constitutional claims, arguing that Musk and DOGE should be barred from further government restructuring unless Musk is formally nominated and confirmed by the Senate.
“The scope of Musk’s executive authority is unprecedented,” their lawsuit states, detailing his ability to halt congressionally approved funding, access sensitive government data, terminate employees, and dismantle entire agencies.
The lawsuit filed by the 14 states contends that the president cannot unilaterally create or dismantle federal agencies, override existing laws governing executive branch structure, or slash federal programs. It also criticizes the administration’s offer of “deferred retirement” packages as a tool for reducing the federal workforce.
DOGE, a cornerstone of Trump’s promise to streamline government, has already faced multiple legal challenges. Courts have temporarily restricted DOGE’s access to Treasury Department data, and the Department of Education recently reached an agreement to limit its involvement with student loan records. A separate lawsuit halted USAID’s attempt to place over 2,000 employees on leave.
“The president lacks the constitutional authority to unilaterally dismantle the government—and he certainly cannot delegate such power to an unelected, unconfirmed individual,” the lawsuit argues.
The White House has defended Musk’s position, calling him a “special government employee.” However, the states argue that Musk wields far more power than a typical adviser.
“Musk is not merely an adviser—he executes the president’s agenda with virtually unchecked authority, making decisions on budgets, contracts, regulations, and even the existence of entire federal agencies,” the lawsuit states. It further claims DOGE has exerted influence over at least 17 federal agencies and that Musk has the power to override staffing decisions across multiple departments.
The plaintiffs are asking a federal judge to immediately curb Musk’s ability to restructure agencies and declare his past executive actions unlawful.
Both Musk and the Trump administration maintain that DOGE is rooting out government waste and corruption. White House spokesperson Karoline Leavitt has repeatedly stated that Musk is “complying with all applicable federal laws.”
“Musk’s seemingly limitless and unchecked power to dismantle government agencies with the stroke of a pen—or a click of a mouse—would have been unthinkable to the founders of this nation,” the lawsuit states. Filed Thursday in federal court in Washington, D.C., the complaint argues that Musk's authority violates the Appointments Clause, which requires high-ranking officials to be nominated by the president and confirmed by the Senate.
Led by New Mexico, the lawsuit warns that consolidating such sweeping authority in a single unelected individual threatens democracy. “Although our Constitution was designed to prevent the abuses of an 18th-century monarch, unchecked power in the hands of a 21st-century tech baron is no less dangerous,” the suit argues. The attorneys general of Arizona, Michigan, Maryland, Minnesota, California, Nevada, Vermont, Connecticut, Rhode Island, Massachusetts, Oregon, Washington, and Hawaii joined New Mexico in the legal challenge. Two of these states have Republican governors.
Separate Lawsuit Filed by Federal Employees
“The scope of Musk’s executive authority is unprecedented,” their lawsuit states, detailing his ability to halt congressionally approved funding, access sensitive government data, terminate employees, and dismantle entire agencies.
Legal and Political Fallout
DOGE, a cornerstone of Trump’s promise to streamline government, has already faced multiple legal challenges. Courts have temporarily restricted DOGE’s access to Treasury Department data, and the Department of Education recently reached an agreement to limit its involvement with student loan records. A separate lawsuit halted USAID’s attempt to place over 2,000 employees on leave.
“The president lacks the constitutional authority to unilaterally dismantle the government—and he certainly cannot delegate such power to an unelected, unconfirmed individual,” the lawsuit argues.
Musk’s Role Under Scrutiny
“Musk is not merely an adviser—he executes the president’s agenda with virtually unchecked authority, making decisions on budgets, contracts, regulations, and even the existence of entire federal agencies,” the lawsuit states. It further claims DOGE has exerted influence over at least 17 federal agencies and that Musk has the power to override staffing decisions across multiple departments.
The plaintiffs are asking a federal judge to immediately curb Musk’s ability to restructure agencies and declare his past executive actions unlawful.
Both Musk and the Trump administration maintain that DOGE is rooting out government waste and corruption. White House spokesperson Karoline Leavitt has repeatedly stated that Musk is “complying with all applicable federal laws.”