Attorney General Charity Clark, together 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 creating a new federal department without Congressional approval and granting Musk extensive powers without Senate consent.
"Unelected billionaire Elon Musk has been wreaking havoc on our government, destroying careers, upending critical programs that support Vermonters, and putting our national security at risk," said Attorney General Clark. "He has no authority to strip funding from our state and local governments or to eviscerate the federal government. I am deeply troubled by Musk’s disregard of the legislative branch – and, in that disregard, apparent animosity toward democracy."
The lawsuit details how Musk, with presidential backing, has disrupted federal agencies, accessed sensitive data, and caused significant disruption for state and local governments as well as federal employees. It asserts that these actions violate the Appointments Clause designed to ensure congressional oversight of 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 sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure."
The defendants' actions reportedly threaten financial stability by disrupting billions in federal funding crucial for law enforcement, healthcare, education, among other services. State agencies rely on these funds; their termination could lead to budget shortfalls and staffing crises.
Additionally, concerns are raised about cybersecurity risks due to DOGE operatives accessing sensitive databases without oversight.
Attorney General Clark seeks judicial intervention declaring Musk's actions unconstitutional and an injunction against further changes by him or DOGE outside their remit.
Joining this legal effort are attorneys general from Arizona, California, Connecticut, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, and Washington.