In an unprecedented move, a group of fourteen state attorneys general has filed a lawsuit in federal court in New York, targeting Elon Musk, his newly formed Department of Government Efficiency (DOGE), and former President Donald Trump.
This legal action raises serious questions about the validity of DOGE and criticizes Musk’s recent influence over the operations of various federal agencies, including pivotal entities like USAID and the Consumer Financial Protection Bureau.
Constitutional Concerns
The coalition of states underscores the importance of preserving checks and balances to maintain the separation of powers as stated in the U.S. Constitution.
Central to this constitutional principle is the Appointments Clause, which the lawsuit highlights as a critical safeguard.
This clause mandates that the president must secure Senate approval when appointing heads of legally established departments, including vital bodies such as the Department of Defense, the Department of Health, and the Department of Justice.
Allegations Against Musk and DOGE
The complaint points to an executive order issued by Trump that revitalizes an existing agency, the U.S. Digital Service, giving it a broad mission focused on reducing costs.
According to the attorneys general, this action undermines the careful balance of power envisioned by the Constitution’s Framers, which delineates the distinct roles of Congress in creating agencies and the president’s authority to appoint their leaders.
The lawsuit further alleges that Musk and DOGE personnel have overstepped their executive boundaries by interfering with the operations of fourteen federal agencies.
Among the contentious actions cited are the suspension of Treasury payments to the states pursuing legal action, and attempts to dismantle USAID—an agency established by Congress—as well as the Consumer Financial Protection Bureau.
Reports suggest that both agencies have ceased functioning online, rendering their services unavailable.
Legal Actions and Requests
In response to these developments, the plaintiff states are requesting a temporary restraining order to halt what they describe as unauthorized actions by Musk.
They aim to put a stop to any directives that would alter the distribution of public funds, terminate government contracts, dismantle established agencies, or assert control over them without proper authorization.
Additionally, they seek a legal declaration that would confirm Musk’s actions lie beyond his lawful powers, rendering them invalid.
DOGE was set up by Trump on his first day in office through an executive order.
Musk has previously stated ambitions to slash the federal budget by up to $2 trillion, a figure he has since reined in.
Earlier, a coalition of nineteen states had already filed a lawsuit against Trump, trying to block DOGE from accessing the U.S. Treasury.
Following a temporary restraining order issued on February 9 in response to that lawsuit, the Department of Justice is now asking the court to lift the order.
The actions undertaken by Musk and his team at DOGE have sparked a wave of legal disputes over their unusual control over federal agencies, unilateral decision-making that impacts agency operations, and a troubling lack of oversight.
Source: Jurist