Judge Denies Request From 14 States to Temporarily Block DOGE Actions
A federal judge in Washington, D.C. denied a request from 14 states to temporarily halt the Department of Government Efficiency and Elon Musk’s actions, like freezing federal funding, accessing agency data and taking over agencies, for violating the Appointments Clause of the U.S. Constitution.
Feb. 14
14 States Sue to Block Elon Musk’s DOGE Actions, Claim Unconstitutional Abuse of Power
Over a dozen states filed a lawsuit Thursday to nullify the unconstitutional actions of Elon Musk’s Department of Government Efficiency (DOGE) and prevent them from performing any future actions like freezing federal funding, accessing agency data and taking over agencies.
“Although our constitutional system was designed to prevent the abuses of an 18th century monarch, the instruments of unchecked power are no less dangerous in the hands of a 21st century tech baron,” the plaintiffs said in the lawsuit.
The plaintiffs argued that Musk, DOGE and President Donald Trump violated the Appointments Clause and the separation of powers principles of the U.S. Constitution.
Musk has wielded the power of an official who would need to be formally appointed by the president and confirmed by the Senate, but he hasn’t gone through that constitutionally required process, the states argued.
They detailed how he and his department employees “roamed through the federal government,” accessing sensitive information, controlling agency activities and eliminating programs in a variety of entities, including the Education, Labor, and Treasury departments, the U.S. Agency for International Development (USAID) and the Consumer Financial Protection Bureau.
“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 plaintiffs said. “The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”
New Mexico Attorney General Raúl Torrez (D) spearheaded the lawsuit, filing it with his counterparts in Arizona, California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Michigan, Nevada, Oregon, Rhode Island, Vermont and Washington.
“Empowering an unelected billionaire to access Americans’ private data, slash funding for federal student aid, stop payments to American farmers and dismantle protections for working families is not a sign of President Trump’s strength, but his weakness,” Torrez said in a statement.
The plaintiffs specifically implicated Trump in the lawsuit for creating DOGE through an executive order, delegating “virtually unchecked authority” to Musk “without proper legal authorization from Congress.”
The plaintiffs explained that DOGE’s actions have harmed them because a lot of the federal funding that the department has interfered with is allocated to their states.
“The federal government disburses billions of dollars directly to the States, to support law enforcement, health care, education, and many other programs,” the plaintiffs said.
They asked a federal district court in Washington, D.C. to “restore constitutional order” by voiding Musk’s “officer-level governmental actions to date, including those of his subordinates and designees,” and declare that any future orders or directions Musk or DOGE make will have no legal effect.
The plaintiffs asked the judge to block DOGE from taking further actions until the court can hold a hearing on an injunction to stop the conduct while litigation is ongoing.
This follows a similar lawsuit filed by USAID employees Thursday, also alleging that Musk, DOGE and Trump violated the Appointments Clause and separation of powers principles.
A couple of judges already delivered losses to DOGE. Earlier this week, a New York judge blocked DOGE’s access to the Treasury Department’s payment systems. Also, a federal judge in Washington, D.C. extended a temporary restraining order Thursday blocking DOGE and the Trump administration from putting 2,220 USAID workers on paid leave.