Attorneys general from 14 states filed a lawsuit on Thursday against the Department of Government Efficiency (DOGE), its head Elon Musk, and President Donald Trump, challenging the administration’s delegation of authority to Musk.
The group, led by New Mexico Attorney General Raul Torrez, alleged that the “sweeping authority” granted by the Trump administration to Musk is unconstitutional because he has not been confirmed by the Senate.
The attorneys general said in the lawsuit that Congress holds the power to enact laws and appropriate funds and that the president lacked the authority under the Constitution to make “unilateral changes to existing laws concerning the structure of the Executive Branch and federal spending.”
They argued that Trump had granted “unchecked authority” to Musk “without proper legal authorization from Congress and without meaningful supervision of his activities,” enabling Musk to access sensitive data of federal agencies and “causing mass chaos and confusion” for state and local governments.
The attorneys general asked the court to issue a temporary restraining order barring Musk and DOGE from making any changes to the disbursement of public funds, canceling government contracts, accessing sensitive agency data, and altering agency data systems.
They also requested that the court order Musk to disclose how “any data obtained through unlawful agency access was used” and destroy any copies or derivative data from “such unauthorized access in his or DOGE’s possession.”
“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 a click of a mouse would have been shocking to those who won this country’s independence, ” the attorneys general stated.
The attorneys general joining Torrez in the lawsuit are from Arizona, Michigan, California, Connecticut, Maryland, Massachusetts, Minnesota, Nevada, Vermont, Rhode Island, Hawaii, Washington, and Oregon.
The Epoch Times has reached out to the White House for comment but did not receive a response by publication time.
The White House previously said that Musk is a special government employee under the Trump administration. The position means that Musk’s service would only be temporary.
Trump established DOGE to help advance his administration’s goal of reducing federal spending and boosting government efficiency. DOGE has faced legal challenges from several lawmakers and labor unions in recent weeks.
President Donald Trump said that Musk “can’t do and won’t do anything without our approval, and we’ll give him the approval where appropriate; where not appropriate, we won’t.”
“He reports in ... but he does have a good natural instinct,” Trump told reporters at the White House earlier in February.
On Feb. 13, USAID employees filed a lawsuit against Musk and DOGE, urging the court to prevent Musk and his team from carrying out any actions.
Lawyers for the USAID workers, who remained anonymous in the lawsuit, deployed a novel argument, saying Musk should be confirmed by the Senate because he should be deemed an officer of the United States under the U.S. Constitution’s appropriations clause.
“Questions regarding Defendant Musk’s and DOGE’s role, scope of authority, and proper appointment processes are not merely academic,” the plaintiffs argued. “Plaintiffs—among countless other American individuals and entities—have had their lives upended as a result of the actions undertaken by Defendants Musk and DOGE.”
Musk has acknowledged his critics, including Democrats who see DOGE as a takeover of government without transparency. He suggested that Trump and the GOP’s ability to win a government trifecta in the 2024 election was a broader mandate for DOGE’s efforts.
“The people voted for major government reform, and that’s what people are going to get,” Musk said during a joint press conference with Trump at the White House on Feb. 11.
He also dismissed concerns that he has a conflict of interest in leading DOGE while serving as owner and CEO of SpaceX, one of the federal government’s largest aerospace contractors.
“Transparency is what builds trust,” Musk said, adding that the public can see if any of DOGE’s work benefits him or his companies.
Last week, a federal judge paused plans to place thousands of USAID workers on leave, while a lawsuit filed on Feb. 11 alleged that the unraveling of USAID is depriving U.S. businesses of hundreds of millions of dollars in unpaid bills for work that has already been completed.
A federal judge on Feb. 8 temporarily blocked DOGE from accessing the Treasury Department’s sensitive records in response to a lawsuit filed by 19 attorneys general.
Jack Phillips and Jacob Burg contributed to this report.
