CALIFORNIA – California Attorney General Rob Bonta announced, February 13, that California, along with 13 other states, has filed a lawsuit against the Trump administration, challenging Elon Musk’s misuse of power.
The attorneys general argue that Musk, an unconfirmed, unelected government employee, is exercising authority that exceeds what the U.S. Constitution permits.
DOGE was intended to be an advisory role
Musk’s appointment to lead the U.S. Department of Government Efficiency (DOGE) Service was initially intended to be an advisory role, focusing on bringing his expertise to streamline government operations without requiring Senate confirmation.
However, in recent weeks, DOGE has gained access to the Internal Revenue Service (IRS) along with the Treasury Department’s payment system, initiated reductions in the federal workforce and made cuts to the Consumer Financial Protection Bureau and Department of Education.
“Elon Musk does not occupy a position that Congress created or that the Senate confirmed — Mr. Musk occupies a position the President made up. This is a clear and dangerous effort to bypass the nomination and confirmation process required under the Constitution,” said Bonta in a statement.
Appointments Clause protects against tyranny
The lawsuit alleges that, by acting as a “principal officer,” Musk is acting in violation of the U.S. Constitution’s Appointments Clause.
The attorneys argue that Trump delegated unchecked authority to Musk without proper legal authorization from Congress and without meaningful supervision of his activities.
“The Founders of this country fought for independence from the British monarchy due in no small part to the King’s despotic power to create an unlimited number of governmental offices and to fill those offices with the King’s supporters,” said the court document.
They go on to say that the Framers of the Constitution created the Appointments Clause to protect against such tyranny.
The Appointments Clause ensures balance by requiring Congress to create positions and the Senate to approve nominees, keeping the President’s choices in check and preventing abuse of power.
‘Immediately halt this unlawful exercise of power’
The coalition seeks to immediately halt Musk’s unlawful exercise of power.
The coalition of attorneys general include California, New Mexico, Arizona, Michigan, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington.
To read the full court filing click here.
