PHOENIX – Today, Arizona Attorney General Kris Mayes, along with New Mexico Attorney General Raúl Torrez, Michigan Attorney General Dana Nessel, and 11 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.
“The founders of this country would be outraged that, 250 years after our nation overthrew a king, the people of this country—many of whom have fought and died to protect our freedoms—are now subject to the whims of a single unelected billionaire,” said Attorney General Mayes. “Allowing one individual to flout the law without consequence threatens our entire constitutional system. We cannot allow our democratic processes to be hijacked by immense wealth and privilege.”
“Empowering an unelected billionaire to access Americans’ private data, slash funding for federal student aid, stop payments for American farmers, and dismantle protections for working families is not a sign of Trump’s strength, but his weakness,” said New Mexico Attorney General Raúl Torrez. “Despite the President’s claim to be operating under a mandate from the American people, the President seems afraid to get Congressional approval for his ‘move fast and break things’ approach to the presidency.”
“This extraordinary assault on our federal government by the unelected, unappointed billionaire Elon Musk usurps the right of the Senate to advise and consent and is plainly unconstitutional. This illegal exercise of authority by Musk is deeply harmful to the residents of Michigan,” said Michigan Attorney General Dana Nessel. “That is why today we are asking the court to invalidate his directives and actions and to issue a restraining order barring Musk and the so-called Department of Government Efficiency from exercising governmental authority reserved for officers of the United States over any other agency in the executive branch of the federal government.”
The lawsuit highlights how 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.
Attorney General Mayes 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.
Joining Arizona in this lawsuit are lead states New Mexico and Michigan, along with California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Washington, and Vermont.
