Fourteen states have filed a lawsuit against Elon Musk and President Donald Trump, arguing that the Department of Government Efficiency (DOGE) is unconstitutional.
The suit involves the attorneys general from Arizona, Michigan, New Mexico, California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Washington, and Vermont.
According to the filing, the creation DOGE without congressional approval and allowing it to be led by Musk is illegal.
“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 click of a mouse, is unprecedented,” the lawsuit states. “The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”
“Mr. Musk does not occupy an office of the United States and has not had his nomination for an office confirmed by the Senate. His officer-level actions are thus unconstitutional,” it continues. “This Court should restore constitutional order and, consistent with the Appointments Clause, enjoin Mr. Musk from issuing orders to any person in the Executive Branch outside of DOGE and otherwise engaging in the actions of an officer of the United States, and declare that his actions to date are ultra vires and of no legal effect.”
Michigan Attorney General Dana Nessel told CNN that DOGE presents a “clear violation of The Appointments Clause.”
“You know, the United States Constitution, it grants the President of the United States the ability with advice and consent of the Senate, to appoint cabinet secretaries and directors over particular agencies,” she said. “But Elon Musk in DOGE, which falls within the branch of The Office of Management and Budget, um, he doesn’t have the power to be marauding through all of these various different departments and agencies of government.”
Last month, The Washington Post obtained a lawsuit against DOGE filed by the nonprofit public interest law firm National Security Counselors (NSC). The 30-page complaint alleged that DOGE is breaking a 1972 law requiring the executive branch’s advisory committees to adhere to specific rules. Because DOGE meets the requirements of a “federal advisory committee,” the lawsuit claims, it must have “fairly balanced” representation, keep minutes of meetings, and file a charter with Congress.
