We are now firmly in the lawfare stage of the second Trump presidency, with Democrats filing a flurry of lawsuits to hinder the new administration's agenda until a strong ruling from the Supreme Court eventually sets precedent.
In the latest legal move, a group of 14 states have sued Elon Musk and President Donald Trump, alleging that the authority granted to the billionaire and his team at DOGE is unconstitutional. The states, including Arizona, Michigan and Rhode Island, have taken aim at efforts to dramatically reduce the size of the federal workforce, including dismantling entire agencies, as well as their access to sensitive data.
"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," said Arizona AG Kris Mayes in a statement reported by NBC News.
When @DOGE was first announced I was mildly optimistic. However I underestimated how fast they would move uncovering waste and fraud.
— Edward Dowd (@DowdEdward) February 14, 2025
Clearly the #DeepState was caught unprepared.
This is like something out of a maneuver warfare manual.
The lawsuit argues that Trump violated the Appointments Clause of the Constitution by creating DOGE - an unofficial government agency, without congressional approval, and for granting Musk "sweeping power" without the advice or consent of the Senate through a confirmation hearing.
"President Trump has delegated virtually unchecked authority to Mr. Musk without proper legal authorization from Congress and without meaningful supervision of his activities," reads the complaint. "As a result, he has transformed a minor position that was formerly responsible for managing government websites into a designated agent of chaos without limitation and in violation of the separation of powers."
The states seek a court order blocking Musk from making changes to government funding, canceling contracts, making personnel decisions, and more.
DOGE moving towards $100 billion in savings pic.twitter.com/oTNo5mDYqO
— Jeff Carlson (@themarketswork) February 14, 2025
According to White House press secretary Karoline Leavitt, the lawsuit is nothing more than a "continuation of the weaponization of justice against President Trump," adding "The White House will continue to fight these battles in court, and we expect to be vindicated."
Another Thursday lawsuit from a group of government employees sought to block Musk and DOGE from accessing sensitive data and removing federal employees until "Musk is properly appointed pursuant to the U.S. constitution."
That lawsuit came on the heels of NY Attorney General Letitia James and 18 other attorneys general suing the Trump administration to block DOGE from accessing personal data housed in the Treasury department, calling it "unconstitutional." A federal judge temporarily granted that request, ruling that the states "will face irreparable harm in the absence of injuctive relief."
Meanwhile, 22 state attorneys general were separately granted a request to halt an effort by the Trump administration to make large cuts to federal research agencies.
