February 13, 2025 (SAINT PAUL) — Attorney General Keith Ellison, alongside attorneys general from 13 other states, has initiated a lawsuit against Elon Musk, challenging what they describe as an unlawful delegation of executive power. 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 over the federal government without Senate consent.
“Donald Trump seems to think a narrow electoral victory makes him into a king. He could not be more wrong,” stated Attorney General Keith Ellison. “It is unacceptable and unconstitutional for Trump to create a new federal agency without Congressional approval. Worse still, Trump installed Elon Musk at the head of that agency without vetting and Senate confirmation, and Musk has proceeded to use that unconstitutional appointment to try to cut the federal government to the bone. Today, I’m filing a lawsuit to shut this illegal power grab down.”
The lawsuit details how Musk's actions have dismantled federal agencies, accessed sensitive data, and caused significant disruption across state and local governments as well as among federal employees and citizens. It argues that these actions breach the Appointments Clause meant 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,” according to the lawsuit. “The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”
The states involved assert that these actions jeopardize financial stability by disrupting crucial federal funding for law enforcement, healthcare, education, among other services. They argue that eliminating cooperative agreements will lead to budget deficits and potential loss of key programs.
Further concerns include cybersecurity risks due to unauthorized access by DOGE operatives into sensitive databases containing state tax records and banking information. This raises fears about cyberattacks and data breaches.
Ellison seeks a court ruling declaring Musk’s actions unconstitutional along with an injunction preventing him from issuing orders within any part of the Executive Branch outside DOGE.
Leading this lawsuit is New Mexico's Department of Justice with Arizona and Michigan as co-leads; other states joining include Minnesota, California, Connecticut, Maryland, Massachusetts, Nevada, Oregon, Rhode Island, Hawaii, Washington, and Vermont.