On Thursday, New Mexico Attorney General Raúl Torrez, along with 13 other states, filed a lawsuit challenging the 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.
“We have initiated this action in part because the things that we have seen and witnessed on the part of Mr. Musk fundamentally reshape our understanding of the limitations of the presidency,” Torrez said during Thursday’s press conference. “Simply put, the American people did not vote for chaos, they did not vote for disruption, and they did not vote for Elon Musk.”
Torrez was joined Thursday by Arizona Attorney General Kris Mayes.
“The founding fathers of this country would be outraged that 250 years after our nation overthrew a king, the people of this country—many who have fought and died to protect our freedoms—are now subject to the whims of a single, unelected billionare,” Mayes said.
Michigan Attorney General Dana Nessel was also on hand Thursday, with the three attorneys general representing the 14 states who are filing the lawsuit. The other eleven states filing are California, Connecticut, Maryland, Massachusetts, Minnesota, Nevada, Vermont, Rhode Island, Hawaii, Washington and Oregon.
The lawsuit alleges 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. The New Mexico Department of Justice 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.
