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Home » 14 states file lawsuit calling Musk’s DOGE authority unconstitutional
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14 states file lawsuit calling Musk’s DOGE authority unconstitutional

potusBy potusFebruary 13, 2025No Comments3 Mins Read
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A group of 14 states sued Elon Musk and President Donald Trump on Thursday, arguing that the authority the White House granted the tech billionaire and his advisory Department of Government Efficiency is unconstitutional.

The suit, filed by Democratic attorneys general from states like Arizona, Michigan and Rhode Island, takes aim at the magnitude and scale of Musk’s power, noting that DOGE has led the Trump administration’s efforts to dramatically reduce the size of the federal workforce, dismantle entire agencies and access sensitive data.

“The founders of this country would be outraged that, 250 years after our nation overthrew a king, the people of this country—many of whom have fought and died to protect our freedoms—are now subject to the whims of a single unelected billionaire,” Arizona Attorney General Kris Mayes said in a statement.

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The attorneys general argue that Trump violated the Appointments Clause of the Constitution by creating DOGE — an unofficial government agency — without congressional approval and by granting Musk “sweeping powers” without seeking the advice and consent of the Senate through a confirmation hearing.

“President Trump has delegated virtually unchecked authority to Mr. Musk without proper legal authorization from Congress and without meaningful supervision of his activities,” the lawsuit reads. “As a result, he has transformed a minor position that was formerly responsible for managing government websites into a designated agent of chaos without limitation and in violation of the separation of powers.”

The states are seeking a court order blocking Musk from making changes to government funding, canceling contracts, making personnel decisions and more.

White House press secretary Karoline Leavitt called the lawsuit a “continuation of the weaponization of justice against President Trump.”

“The White House will continue to fight these battles in court, and we expect to be vindicated,” she said in a statement.

The suit is the latest in a series of legal challenges against the Trump administration over 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 pursuant to the U.S. constitution.”

Last week, New York Attorney General Letitia James and 18 other state attorneys general sued the Trump administration to block DOGE from accessing personal data housed in the Treasury Department, calling such access “unconstitutional.” A federal judge temporarily granted that request, finding the states “will face irreparable harm in the absence of injuctive relief.”

In a separate suit, a federal judge granted a request by 22 state attorneys general to halt an effort by the Trump administration to make massive cuts to federal research agencies for things like equipment, maintenance, utilities and support staff.

Despite the legal challenges, Trump has stood by Musk and DOGE, praising their efforts to reduce the size of the federal government. He has also lashed out at the courts for putting up roadblocks.

“We have to make our government smaller, more efficient, more effective and a lot less expensive, and we could find a trillion dollars. But we’re being hindered by courts where they file in certain courts where it’s very hard to win and a judge will stop us,” Trump told reporters Wednesday.

Nnamdi Egwuonwu

Nnamdi Egwuonwu is a 2024 NBC News campaign embed.

Daniel Barnes contributed.



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