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State Attorneys General Led by Arizona's Kris Mayes Sue Federal Government Over Elon Musk's Empowerment

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Published on February 14, 2025
State Attorneys General Led by Arizona's Kris Mayes Sue Federal Government Over Elon Musk's EmpowermentSource: Wikipedia/Gage Skidmore from Surprise, AZ, United States of America, Please attribute to Gage Skidmore if used elsewhere., CC BY-SA 2.0, via Wikimedia Commons

Arizona Attorney General Kris Mayes spearheads a coalition of state attorneys general in filing a lawsuit against the federal government's recent empowerment of Elon Musk. According to the Arizona Attorney General’s press release by Mayes' office, the lawsuit questions the legality of President Trump's move which bypassed congressional scrutiny and Senate confirmation to grant Musk broad control over federal operations.

"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," Mayes stated, emphasizing the gravity of the situation. Joined by New Mexico’s Raul Torrez, Michigan’s Dana Nessel, and attorneys general from 11 other states, the challenge contests Trump's creation of a federal Department without the legislature's consent and granting of sweeping powers to Musk, details of which can be gleaned from the Arizona Attorney General’s website.

This multistate backlash comes after the establishment of the Department of Government Efficiency (DOGE), an entity led by Musk and seemingly vested with the capacity to dismantle federal agencies and redistribute government funds at will. As widely reported, these actions have raised concerns over the disturbance of state governments, potential cyber threats, and the destabilization of financial infrastructures due to unauthorized access to sensitive databases.

Adding her voice to the growing dissent, Michigan AG Nessel elaborated on the implications for her state, "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," as per the Arizona Attorney General’s website. The actions spearheaded by Musk stand accused of sowing financial uncertainty among states that heavily rely on federal funds for essential services such as law enforcement, healthcare, and education.

The complaint asserts that the federal government’s empowerment of Musk contravenes the Appointments Clause of the U.S. Constitution, which mandates that any executive appointment must undergo Senate confirmation, a measure designed to preserve the balance of power and ensure accountability. The lawsuit seeks to have Musk's orders invalidated and to prevent him from carrying out further directives that would have widespread repercussions on the workings of the government.

Behind this lawsuit stands a united front of states, including California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Washington, and Vermont—all of which have aligned with Arizona's efforts to redress the constitutional imbalance precipitated by the current administration's decisions.