Attorney General Ellison files landmark multistate lawsuit to stop Elon Musk’s unconstitutional power grab
February 13, 2025 (SAINT PAUL) — Today, Attorney General Keith Ellison, along with 13 other Attorneys General, announced the filing of a lawsuit challenging the unlawful delegation of executive power to Elon Musk. The lawsuit argues that President Trump has violated the Appointments Clause of the United States Constitution by creating a new federal Department without Congressional approval and by granting Musk sweeping powers over the entire federal government without seeking the advice and consent of the Senate.
“Donald Trump seems to think a narrow electoral victory makes him into a king. He could not be more wrong,” said 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 highlights how, with the President’s approval, Musk has unraveled federal agencies, accessed sensitive data, and caused widespread disruption for state and local governments, federal employees, and the American people. The complaint further asserts that Musk’s actions violate the Appointments Clause of the U.S. Constitution, which ensures that executive appointments are subject to congressional oversight and Senate confirmation.
“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,” the lawsuit states. “The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”
Defendants’ actions threaten the financial and operational stability of the States by disrupting billions of dollars in federal funding essential for law enforcement, healthcare, education, and other critical services. State agencies depend on federal funds and cooperative agreements, and the termination of these partnerships will result in severe budget shortfalls, staffing crises, and the potential loss of key programs. Similarly, the proposed elimination of the U.S. Department of Education would strip away federal civil rights oversight in schools, leaving states with uncertain legal authority to address discrimination cases involving students with disabilities and enforce Individualized Education Programs (IEPs) and disability protections.
Beyond financial and regulatory harms, the reckless expansion of DOGE’s authority endangers cybersecurity and erodes public trust. DOGE operatives have reportedly accessed federal financial databases containing sensitive state tax records and banking information without proper oversight, increasing the risk of cyberattacks, data breaches, and foreign exploitation.
The manipulation of federal IT infrastructure by unauthorized individuals threatens not only state financial security but also the integrity of critical national systems. As reports of unauthorized access to Treasury databases emerge, citizens have expressed growing fear that their private financial data is at risk, leading to a chilling effect on participation in state-administered federal programs. The Plaintiff States are now forced to contend with both immediately.
Attorney General Ellison seeks a court ruling declaring Musk’s actions unconstitutional and an injunction barring him from issuing orders to any person in the Executive Branch outside of DOGE, as well as invalidating his previous actions.
The New Mexico Department of Justice leads this lawsuit with Arizona and Michigan as co-leads. Minnesota also joins New Mexico, Arizona, Michigan, California, Connecticut, Maryland, Massachusetts, Nevada, Oregon, Rhode Island, Hawaii, Washington, and Vermont.
