Attorneys general file lawsuit against Elon Musk’s executive power delegation

Attorney General Aaron D. Ford - Nevada Attorney General  Office
Attorney General Aaron D. Ford - Nevada Attorney General Office
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Today, Attorney General Aaron D. Ford and 10 other attorneys general have initiated a lawsuit against the delegation of executive power to Elon Musk. The lawsuit claims that President Trump has breached the Appointments Clause of the U.S. Constitution by establishing a new federal department without Congressional approval and granting Musk extensive powers over the federal government without Senate confirmation.

“The Trump administration has handed unchecked power over the federal government to an unelected and unvetted businessman who considers himself above the law,” stated AG Ford. “As much as they would like us to believe otherwise, this is not a discussion about federal government spending. This is a discussion about the rule of law and the assurance to Nevadans that the federal government will not actively work to make their lives worse. Musk’s actions are illegal, and we will stop them.”

The lawsuit outlines how Musk, with presidential backing, has dismantled federal agencies, accessed sensitive data, and caused disruptions for state governments, federal employees, and citizens. It argues that Musk’s actions contravene the Appointments Clause which mandates congressional oversight and Senate confirmation for 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 pose risks to state financial stability by disrupting billions in federal funding vital for services such as law enforcement, healthcare, and education. State agencies rely on these funds; their termination could lead to budget shortfalls and staffing crises. The proposed elimination of the U.S. Department of Education could remove federal civil rights oversight in schools.

Beyond financial concerns, expanding DOGE’s authority threatens cybersecurity and public trust. DOGE operatives reportedly accessed sensitive databases without oversight, raising risks of cyberattacks and data breaches.

Manipulation of IT infrastructure by unauthorized individuals jeopardizes both state financial security and national system integrity. Unauthorized access reports have increased citizen fears regarding private financial data safety.

AG Ford seeks a court ruling declaring Musk’s actions unconstitutional along with an injunction preventing him from issuing orders within the Executive Branch outside DOGE while invalidating his past actions.

Joining AG Ford are New Mexico as lead state with Arizona and Michigan co-leading alongside attorneys general from California, Connecticut, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Hawaii, Washington, and Vermont.

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