In another multistate lawsuit against the Musk/Trump/Vance Administration, Arizona Attorney General Kris Mayes, along with 13 other State Attorney Generals, are asking the courts to stop Elon Musk’s and his DOGE underling’s seemingly Unconstitutional power grab on the United States Government
The scope of the lawsuit asserts that Donald Trump violated the Appointments clause of the Constitution in delegating vast swaths of Executive Power to the unelected and unconfirmed Musk.
In its arguments, documents from the New Mexico Attorney Generals provide a timeline describing the Musk/DOGE power grab.
January 20, 2025: President Trump issued an Executive Order renaming the U.S. Digital Service as the U.S. DOGE Service, granting it expansive new powers.
January 21, 2025 – Present: Musk, without Senate confirmation or legal appointment, has exercised unprecedented executive authority, accessing classified information, directing agency activities, and eliminating federal programs.
February 3, 2025: White House confirms Musk has been leading DOGE but provides no legal basis for his authority.
Scope of DOGE: Musk and DOGE operatives have gained access to key federal agencies, including the Department of the Treasury, the Department of Defense, and the Centers for Medicare and Medicaid Services, among others.
According to this timeline, Mayes and the other Attorney Generals contend:
The lawsuit asserts that Musk’s role violates:
- The Appointments Clause: Musk has not been lawfully appointed to any executive position requiring Senate confirmation.
- Separation of Powers: The President cannot unilaterally vest unchecked executive authority in an unelected individual.
- Ultra Vires Actions: Any directives issued by Musk in this capacity are unconstitutional and without legal effect.
For relief, the 14 states demand:
- A judicial declaration that Musk’s role and actions are unconstitutional.
- An injunction preventing Musk from issuing orders to federal agencies.
- Nullification of all executive actions taken by Musk through DOGE.
Commenting on the new lawsuit, Arizona Attorney General Mayes wrote:
“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. Allowing one individual to flout the law without consequence threatens our entire constitutional system. We cannot allow our democratic processes to be hijacked by immense wealth and privilege.”
Later on social media, she posted:
In the same press release, New Mexico Attorney General Raul Torrez stated:
“Empowering an unelected billionaire to access Americans’ private data, slash funding for federal student aid, stop payments for American farmers, and dismantle protections for working families is not a sign of Trump’s strength, but his weakness. Despite the President’s claim to be operating under a mandate from the American people, the President seems afraid to get Congressional approval for his ‘move fast and break things’ approach to the Presidency.”
Michigan Attorney General Dana Nessel offered:
“This extraordinary assault on our federal government by the unelected, unappointed billionaire Elon Musk usurps the right of the Senate to advise and consent and is plainly unconstitutional. This illegal exercise of authority by Musk is deeply harmful to the residents of Michigan. That is why today we are asking the Court to invalidate his directives and actions and to issue a restraining order barring Musk and the so-called Department of Government Efficiency from exercising governmental authority reserved for officers of the United States over any other agency in the executive branch of the federal government.”
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