Attorney General Peter F. Neronha, alongside 13 other Attorneys General, has filed a lawsuit against the delegation of executive power to Elon Musk. The legal action contends that President Trump violated the Appointments Clause of the U.S. Constitution by establishing a new federal department without Congressional approval and granting Musk extensive powers without Senate consent.
"Never before have we seen an unelected, unconfirmed person wielding this much unfettered power in the United States — it is cause for great concern, and it’s unconstitutional," stated Attorney General Neronha. He added that although President Trump won the 2024 Presidential Election, "no one elected the world’s richest man to wreak havoc on our government and our country."
The lawsuit claims that with presidential approval, Musk has dismantled federal agencies, accessed sensitive data, and disrupted state and local governments as well as federal employees. It argues these actions breach the Appointments Clause which mandates congressional oversight and Senate confirmation for executive appointments.
"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," states the lawsuit. The complaint emphasizes that such authority contradicts constitutional principles.
The defendants' actions are said to threaten financial stability by disrupting billions in federal funding crucial for services like law enforcement, healthcare, and education. State agencies reliant on these funds face budget shortfalls and potential program losses. The proposed elimination of the U.S. Department of Education could also remove federal civil rights oversight in schools.
Furthermore, concerns are raised about cybersecurity risks due to unauthorized access to sensitive databases by DOGE operatives. This manipulation poses threats not only to state financial security but also national systems' integrity.
Attorney General Neronha seeks a court ruling declaring Musk's actions unconstitutional along with an injunction preventing him from issuing orders within the Executive Branch outside DOGE.
The New Mexico Department of Justice leads this case with Arizona and Michigan as co-leads; Rhode Island joins alongside California, Connecticut, Hawai’i, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Washington, and Vermont.