14 state attorneys general filed a new lawsuit against the Trump administration Thursday, alleging that the president violated the Appointments Clause of the Constitution when he gave billionaire Elon Musk leeway to make sweeping changes to government agencies.
The states bringing the new lawsuit include Arizona, New Mexico and Michigan; joined by California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Washington, and Vermont.
The suit argues that any power to change government through the so-called Department of Government Efficiency must be granted by the Senate, not the president.
"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," Michigan Attorney General Dana Nessel said in a statement announcing the suit. "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."
The suit points to the work Musk has already done to access sensitive information, his efforts to dismantle government agencies such as USAID and the disruptive effects this has had on state governments and nonprofits downstream. It alleges DOGE's actions threaten consumer financial safeguards, disability protections in schools and the security of sensitive computer systems at the U.S. Treasury.
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The suit is similar to one filed by 19 attorneys general earlier in February, which alleges that DOGE's access to Treasury records violates federal law. The judge in that case blocked DOGE's access pending a hearing set for this week.
DOGE's actions have also drawn scrutiny and warnings from lawmakers. Senior members of House oversight committees have asked President Trump to explain why Elon Musk and members of the Department of Government Efficiency are trying to access government agencies, including at the Treasury and the Office of Personnel Management.
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In a separate letter, ranking members of Senate committees have directed congressional investigators at the Government Accountability Office to determine how Musk's team accessed Treasury computer systems, what they accessed and whether they had the appropriate clearances and training to make that access.
