Elon Musk’s role in the federal government is under fire as 14 states file a lawsuit challenging his sweeping authority. The complaint accuses Musk of acting as a ‘designated agent of chaos’ with the power to dismantle agencies and override federal spending laws—sparking a major legal battle over executive power.
BY PC Bureau
Fourteen states have filed a federal lawsuit against President Donald Trump and Elon Musk, challenging Musk’s leadership of the newly established Department of Government Efficiency (DOGE) and accusing him of wielding unconstitutional authority as a “designated agent of chaos.”
The lawsuit, filed Thursday in federal court in Washington, D.C., argues that Musk’s appointment violates the U.S. Constitution’s Appointments Clause, which requires high-ranking government officials to be nominated by the president and confirmed by the Senate.
Led by New Mexico Attorney General Raúl Torrez, the coalition—including Arizona, Michigan, Maryland, Minnesota, California, Nevada, Vermont, Connecticut, Rhode Island, Massachusetts, Oregon, Washington, and Hawaii—contends that Musk’s “limitless and unchecked power” poses a serious threat to democracy. “No greater danger exists than the concentration of state power in the hands of a single, unelected individual,” the lawsuit states. “While the Constitution was designed to prevent the abuses of an 18th-century monarch, unchecked authority is no less dangerous in the hands of a 21st-century tech billionaire.”
🚨 14 State Attorneys General have filed a lawsuit which claims Pres. Trump has violated the Appointments Clause by creating a federal department without Congress’s approval and granting Musk broad powers without Senate consent.
(NM, AZ, MI, CA, CT, HI, MD, MA, MN, NV, OR, RI,… pic.twitter.com/dbVGvsMFtK
— Karly Kingsley (@karlykingsley) February 14, 2025
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The complaint highlights Musk’s ability to “dismantle entire federal departments and slash the government workforce with the stroke of a pen—or a click of a mouse.” It further argues that the president lacks the authority to bypass existing laws governing the executive branch’s structure and federal spending. This includes unilaterally creating or abolishing agencies, cutting programs, or offering severance packages to shrink the federal workforce—referencing the Trump administration’s “deferred retirement” initiatives.
The states are seeking a federal court order to block Musk from restructuring or eliminating federal agencies, asserting that his actions—and those of his subordinates—are unlawful. “Musk is far more than an adviser to the White House,” the lawsuit claims. “He directly executes the president’s agenda with virtually unchecked authority across the executive branch, making decisions on expenditures, contracts, government property, regulations, and even the existence of entire federal agencies.”
In a separate lawsuit filed in Maryland, 26 current and former USAID employees and contractors raise similar constitutional concerns, urging the court to halt Musk’s budget-slashing efforts unless he is formally nominated and confirmed by the Senate. This lawsuit describes Musk’s authority as “unprecedented in U.S. history,” citing his power to halt congressionally approved payments, access sensitive government data, revoke system access for federal employees and contractors, and dismantle independent agencies.
DOGE, a centerpiece of Trump’s pledge to streamline the federal government, has already faced multiple legal challenges. Federal judges have temporarily restricted its access to Treasury Department data, while the Department of Education has limited its reach into student loan records. Another lawsuit challenging the dismantling of USAID resulted in a temporary injunction preventing over 2,000 employees from being placed on leave.
The White House has defended Musk, with spokesperson Karoline Leavitt insisting he is “complying with all applicable federal laws” and serving as a “special government employee.” However, the states argue that Musk’s role extends far beyond that of an adviser. “Musk is exercising the powers of a principal officer—an unprecedented position that has never existed before,” the lawsuit contends.
Additionally, the complaint asserts that DOGE has “embedded itself into at least 17 federal agencies,” granting Musk the authority to “direct and veto staffing decisions” across multiple departments. “As a result, all of Musk’s actions exceed his legal authority and violate federal law,” the lawsuit concludes.
