Multistate lawsuit challenges Elon Musk's executive power delegation

Government
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Josh Green Governor of Hawaii | Facebook

Attorney General Anne Lopez, along with attorneys general from 13 other states, has filed a lawsuit challenging the delegation of executive power to Elon Musk. The legal action claims that President Trump violated the Appointments Clause of the U.S. Constitution by granting Musk significant authority without Senate confirmation.

“The Appointments Clause of the U.S. Constitution is an important safeguard in our system of government,” stated Attorney General Lopez. “Granting Musk sweeping powers over the entire federal government without seeking the advice and consent of the Senate is unconstitutional. I joined this lawsuit with my fellow attorneys general because we are the last line of defense to uphold the Constitution and enforce the rule of law.”

The lawsuit argues that Musk's actions, sanctioned by presidential approval, have disrupted federal agencies and accessed sensitive data, causing widespread issues for state and local governments, federal employees, and citizens.

“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,” according to statements within the lawsuit. “The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”

State financial stability is reportedly at risk due to potential disruptions in federal funding essential for services like law enforcement, healthcare, and education. The possible elimination of key departments such as the U.S. Department of Education could also undermine civil rights oversight in schools.

Additionally, concerns about cybersecurity have been raised as DOGE operatives allegedly accessed federal databases containing sensitive information without proper oversight. This situation heightens risks related to cyberattacks and data breaches.

Attorney General Lopez seeks a court ruling declaring Musk’s actions unconstitutional along with an injunction preventing him from issuing orders within the Executive Branch outside DOGE. Other participating states include Arizona, California, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Washington, and Vermont.