Multiple Lawsuits Challenge The Constitutionality of Elon Musk’s DOGE Power
Sweeping sets of lawsuits seek to halt what they call an “unconstitutional abuse of power” by Elon Musk and his Department of Government Efficiency. The suit filed by 14 US states, spearheaded by New Mexico Attorney General Raúl Torrez, demands immediate court intervention to nullify DOGE’s alleged intrusion into federal agencies and to block Musk from wielding any further authority over public funding and operations.
“Although our constitutional system was designed to prevent the abuses of an 18th century monarch, the instruments of unchecked power are no less dangerous in the hands of a 21st century tech baron,” the lawsuit declares.
The states allege that Musk, a major political donor to President Donald Trump, never underwent Senate confirmation despite exercising the sweeping powers of a high-ranking federal official. Torrez argues that “empowering an unelected billionaire to access Americans’ private data, slash funding for federal student aid, stop payments to American farmers and dismantle protections for working families is not a sign of President Trump’s strength, but his weakness.”
The plaintiffs say the Constitution’s Appointments Clause and core separation-of-powers principles have been violated by both Musk and the Trump administration. They point to executive orders that supposedly handed DOGE “virtually unchecked authority,” resulting in what the lawsuit calls the “unprecedented” takeover of federal functions.
Further, the complaint described that DOGE staff “roamed through the federal government,” shutting down or freezing programs within the Education, Labor, and Treasury departments, as well as the USAID and the Consumer Financial Protection Bureau, among other agencies.
“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 plaintiffs say in their filing, emphasizing that federal allocations to the states have been jeopardized.
In DOGE’s early defeats, a court in New York temporarily blocked DOGE’s access to the Treasury Department’s payment systems, while a federal judge in Washington extended an order preventing DOGE from forcing more than 2,000 USAID workers onto paid leave. The attorneys general involved say that Musk’s efforts—backed by Trump—are fraught with procedural and constitutional pitfalls, warning that if the courts fail to intervene, the concentration of power in a single “unelected, unconfirmed individual” will reshape how federal programs operate.
“Donald Trump has outsourced many of the functions of the presidency to Elon Musk,” attorney and former White House ethics czar Norm Eisen said in a recent MSNBC interview. “He’s an American oligarch. You see this in every autocratic regime: a favored business figure who can do what he wants. That’s the opposite of the American idea that no one is above the law.”
The 14 states have demanded an injunction that would immediately freeze any DOGE actions, followed by a judicial declaration stripping Musk of authority over any federal budget or operational decisions.
“This is about restoring constitutional order,” the plaintiffs said. “Any future orders or directions Musk or DOGE make will have no legal effect.”
Information for this story was found via MSNBC, Vox, Democracy Docket, and the sources mentioned. The author has no securities or affiliations related to the organizations discussed. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.
