Arizona Attorney General Kris Mayes, along with counterparts from New Mexico, Michigan, and 11 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 establishing a new federal department without Congressional approval and granting Musk extensive powers without Senate consent.
Attorney General Mayes expressed concern over this situation: "The founders of this country would be outraged that, 250 years after our nation overthrew a king, the people of this country—many of whom have fought and died to protect our freedoms—are now subject to the whims of a single unelected billionaire." She added that such unchecked authority threatens the democratic system.
New Mexico Attorney General Raúl Torrez criticized President Trump's decision: “Empowering an unelected billionaire to access Americans’ private data, slash funding for federal student aid, stop payments for American farmers and dismantle protections for working families is not a sign of Trump’s strength, but his weakness.” He questioned the President's reluctance to seek Congressional approval for these actions.
Michigan Attorney General Dana Nessel also voiced her opposition: “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." She stated that Musk's directives are harmful to Michigan residents.
The lawsuit details how Musk's actions have disrupted federal agencies and accessed sensitive data. It argues that these actions violate constitutional provisions ensuring congressional oversight in executive appointments. The complaint highlights concerns about financial stability as well as cybersecurity risks posed by unauthorized access to critical systems.
Attorney General Mayes seeks judicial intervention to declare Musk's actions unconstitutional and prevent him from exerting further influence outside his designated role. States joining Arizona in this lawsuit include California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Washington, and Vermont.