Nevada part of multistate lawsuit seeking injunction against Elon Musk

Plaintiffs say Trump needed Congressional authorization to create the agency now known as DOGE, and that Musk needed to be confirmed by the US Senate. 

Nevada Attorney General Aaron Ford is helping lead a multi-state federal lawsuit filed Thursday against President Donald Trump and Elon Musk, arguing that Trump violated the US Constitution by creating the Department of Government Efficiency and appointing Musk to lead that effort without formal approval from Congress. 

The lawsuit, brought by Nevada and 13 other states, was filed in Washington DC and highlights how Musk has “unraveled” federal agencies, disrupted operations at the state and local level, and gained access to sensitive data, according to a copy of the complaint. Plaintiffs say Trump needed Congressional authorization to create the agency now known as DOGE, and that Musk’s actions violate the Appointments Clause of the Constitution, which ensures that executive appointments must be confirmed by the US Senate. 

“The Trump administration has handed unchecked power over the federal government to an unelected and unvetted businessman who considers himself above the law,” Ford said in a statement. “As much as they would like us to believe otherwise, this is not a discussion about federal government spending. This is a discussion about the rule of law and the assurance to Nevadans that the federal government will not actively work to make their lives worse. Musk’s actions are illegal and we will stop them.” 

The lawsuit seeks a court order to invalidate Musk’s directives and actions thus far, and to bar him from issuing orders to any executive branch employee outside of DOGE. 

MORE: Nevadans are fighting back against Elon Musk’s quest to cut key government programs

Ford and other attorneys general state in the lawsuit that Trump “has delegated virtually unchecked authority” to Musk — the world’s richest man — without any meaningful supervision, and that Congress has failed to act as a check against Trump and Musk. 

And because Musk does not occupy a public office and has not been confirmed by the Senate, his “officer-level actions are thus unconstitutional.” 

Musk in his official capacity is acting as a “special government employee” within DOGE, which Trump created by executive order upon his return to the White House last month to begin his second term in office. But Ford and others say that Musk in that capacity has been given authority second only to the president to act on decisions about “federal expenditures, contracts, government property, regulations, and the very existence of federal agencies.” 

To date, plaintiffs say DOGE has inserted itself into at least 17 federal agencies, including the Treasury Department, the US Agency for International Development, the Office of Personnel Management, the Department of Education, the Consumer Financial Protection Bureau, and others. 

And any reduction of funds that flow through those agencies could have an impact on state agencies who depend on them, noting that any sudden termination of previously-agreed upon agreements would result in “severe budget shortfalls, staffing crises, and the potential loss to key programs.”

Ford and others also argue Musk has endangered US cybersecurity and eroded public trust. 

“The manipulation of federal IT infrastructure by unauthorized individuals threatens not only state financial security but also the integrity of critical national systems,” Ford’s office said in a release. 

Other states who joined in the lawsuit include New Mexico, Arizona, Michigan, California, Connecticut, Maryland, Massachusetts, Minnesota, Oregon, Rhode Island, Hawaii, Washington and Vermont.