New Mexico, 13 other states, file suit challenging Elon Musk's powers

New Mexico is leading 14 states in a lawsuit filed Thursday that challenges Elon Musk’s “sweeping authority” to dismantle federal agencies as head of the Department of Government Efficiency, or DOGE.

The suit, filed in U.S. District Court in Washington, D.C., against Musk and President Donald Trump, alleges Musk’s actions are unconstitutional because his appointment wasn’t approved by Congress.

“Simply put, the American people did not vote for chaos, they did not vote for disruption and they did not vote for Elon Musk,” New Mexico Attorney General Raúl Torrez said Thursday in a streamed news conference.

“Mr. Musk, by the authority conveyed to him by President Trump, is exceeding all boundaries of the proper scope of presidential power,” said Torrez, who was joined by Democratic attorneys general from Michigan and Arizona.

The new lawsuit is the latest of dozens of legal challenges to the Trump administration’s efforts to restrict immigration, strip federal employees of civil-service protections, remove leaders of independent agencies and other actions.

The suit asks a federal judge to issue a temporary restraining order that would block Musk from ordering any change in the disbursement of federal funds, fire federal employees or take steps to dismantle federal agencies.

Musk “has roamed through the federal government unraveling agencies, accessing sensitive data, and causing mass chaos and confusion” for state and local governments, federal employees and Americans, the suit contends.

The suit seeks to bar Musk from accessing “sensitive and confidential” federal data and require he destroy any copies or “derivative data” that he has obtained. It also seeks an injunction that would block Musk from issuing orders to federal agencies and nullify executive actions made by Musk.

The suit is based on the advice and consent clause in the Second Amendment that gives the U.S. Senate the power to review and approve key presidential appointments.

Joining New Mexico in the suit are Arizona, Michigan, California, Connecticut, Maryland, Massachusetts, Minnesota, Nevada, Vermont, Rhode Island, Hawaii, Washington and Oregon.

The suit marks Torrez’s third legal challenge to Trump’s policies. Two earlier suits took aim at Trump’s executive order limiting birthright citizenship and efforts to cut funding for National Institutes of Health programs.

Michigan Attorney General Dana Nessel alleged DOGE has illegally obtained sensitive personal data for Americans from dozens of federal agencies.

“This 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,” Nessel said Thursday. “Congress should be absolutely embarrassed by this clear usurping of their rightful powers.”

In a separate lawsuit filed Thursday, 26 current and former U.S. Agency for International Development employees and contractors made a similar constitutional claim against Musk. That suit asks a federal court in Maryland to block Musk’s actions until he is nominated by Trump and confirmed by the Senate.

“Our constitutional order was founded, in part, to guard against the accumulation of state power in the hands of a single individual,” Torrez said. “While that construction was first focused on the abuse of power of an 18th century monarch, it is no less dangerous in the hands of a 21st century tech tycoon.”