Washington State Attorney General Nick Brown has joined 13 other attorneys general in a lawsuit against President Trump, challenging his delegation of executive power to Elon Musk. The lawsuit claims that Trump's actions violate the Appointments Clause of the U.S. Constitution by allowing Musk, an unelected individual, to wield significant influence over federal government operations without Senate approval.
"Elon Musk has amassed — or simply taken for himself — unaccountable power to walk into any federal agency, fire people, eliminate programs authorized by Congress, and access confidential personal and national security information without regard for the consequences," Brown stated. "Washingtonians will not stand by while their safety and freedoms are threatened by a lawless administration intent on shredding the Constitution line by line."
Governor Bob Ferguson also expressed concerns about Musk's role: "Elon Musk’s role in the Trump administration is unconstitutional. If the President wants Musk or any other powerful billionaire to have a significant role in running our government, he can and should appoint them as the Constitution requires."
The lawsuit details how Musk's actions have disrupted federal agencies and state operations, including shutting down USAID programs crucial for Washington State University and local farmers. It also highlights threats to close the Department of Education, which supports special education programs in Washington.
"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 plaintiffs argue that these actions jeopardize federal funding vital for law enforcement, healthcare, education, and other services. The potential elimination of federal oversight could lead to legal uncertainties regarding civil rights protections in schools.
Additionally, concerns are raised about cybersecurity risks due to unauthorized access to sensitive data by DOGE operatives. This unauthorized manipulation poses threats to both state financial security and national systems' integrity.
The coalition seeks a court ruling declaring Musk's actions unconstitutional and preventing further unlawful orders from being issued. The New Mexico Department of Justice leads this lawsuit with Arizona and Michigan as co-leads; other participating states include California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont—and Washington.