“The Constitution, and the Appointments Clause, are not mere roadblocks for this administration to ignore,” Michigan Attorney General Dana Nessel said. “I look forward to continuing this case in court.”
A federal court has given to the go-ahead to a lawsuit alleging that Elon Musk and his Department of Government Efficiency’s attempts to dismantle the government are unlawful.
According to National Public Radio, the decision was issued by U.S. District Court Judge Tanya Chutkan. In her 42-page order, Chutkan denied the Trump administration’s motion to dismiss the case. However, Chutkan did make a significant concession to the White House, agreeing to dismiss President Donald Trump as an individual defendant, finding that “the court may not enjoin the President in the performance of his official duties.”
Chutkan, who was appointed by former President Barack Obama, said that the state-level attorneys general who filed the lawsuit have thus far provided sufficient evidence to support their claims.
“At this stage, States plausibly allege that Musk makes decisions about ‘federal expenditures, contracts, government property, and the very existence of federal agencies,’” Chutkan wrote upon review of evidence.
NPR notes that the lawsuit specifically alleges that Trump violated the Appointments Clause of the U.S. Constitution when he gave Musk and the Department of Government Efficiency the sweeping—and nearly unlimited—authority to fire thousands of federal employees, revoke already-tendered grants and contracts, and access security-sensitive information without vetting.
“The Constitution does not permit the Executive to commandeer the entire appointments power by unilaterally creating a federal agency pursuant to Executive Order and insulating its principal officer from the Constitution as an ‘advisor’ in name only,” Chutkan wrote. “This is precisely what Plaintiffs claim the Executive has done.”
In a statement, New Mexico Attorney General Raul Torrez said that the decision constitutes “an important milestone for preserving America’s system of checks and balances.”
“Elon Musk may be leaving town, but this case will go on,” New Mexico Attorney General Raúl Torrez said.“We are proud to move this case forward and help bring Elon Musk’s reign of terror to an end.”
“No one should be allowed to outsource the presidency to one of their billionaire friends or exercise executive authority without the advice and consent of the Senate,” he said. “This is about the rule of law, plain and simple.”
Michigan Attorney General Dana Nessel Told The Hill that Chutkan’s decision “is another step forward in holding the federal government accountable for the illegal and harmful sweeping authority vested in DOGE in direct and plain violation of the U.S. Constitution.”
“The Constitution, and the Appointments Clause, are not mere roadblocks for this administration to ignore,” she said. “I look forward to continuing this case in court.”
Sources
A judge refuses to toss states’ lawsuit against Elon Musk and DOGE
Judge allows states’ DOGE challenge to proceed
Judge rules suit challenging DOGE and Elon Musk’s power over government can continue
