Elon Musk's efforts to "delete" government agencies and fire thousands of workers is unconstitutional, a coalition of 14 states alleges in a lawsuit filed Thursday against Musk, his Department of Governmental Efficiency, and President Trump. New Mexico is leading the coalition of states, which claims the unelected billionaire's "seemingly limitless and unchecked power ... would have been shocking to those who won this country's independence," per the Hill. The states—two of which have Republican governors—argue Musk's "expansive authority" as DOGE head requires that he be formally nominated by the president and confirmed by the Senate, thus his role violates the Appointments Clause of the Constitution, per ABC News.
"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," reads the lawsuit, backed by Arizona, Michigan, California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington, per the Hill. The states are asking a judge to block Musk and his DOGE aides from various actions, including altering government regulations and personnel, data systems, and how public funds are distributed.
The lawsuit also claims the Constitution blocks the president from "extinguishing" federal agencies or overriding "existing laws concerning the structure of the Executive Branch and federal spending." "Nor could he delegate such expansive authority to an unelected, unconfirmed individual," it reads, per ABC. The lawsuit echoes another suit filed earlier Thursday by 26 current and former employees of the US Agency for International Development, which Musk has labeled "a criminal organization" and boasted that it's "time for it to die." That suit also argues Musk's role and "unprecedented" power requires an appointment under the Constitution's Appointments Clause, per the Hill. (There are calls for Musk to testify before lawmakers under oath.)
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