Raúl Torrez, the Attorney General of New Mexico, announced that he, along with attorneys general from 12 other states, has filed a lawsuit challenging what they describe as an unconstitutional delegation of executive power to Elon Musk. This announcement was made in a press release dated February 13.
"Empowering an unelected billionaire to access Americans' private data," said Torrez. "Slash funding for federal student aid. Stop payments to American farmers."
According to the press release, the lawsuit contests the extensive and unregulated authority granted to Musk with presidential approval. It claims this situation violates the Appointments Clause of the U.S. Constitution. The suit alleges that Musk's actions, including dismantling federal agencies and accessing sensitive data, pose threats to state financial stability, public trust, and cybersecurity. It argues that such unchecked power undermines constitutional safeguards designed to prevent power consolidation in a single individual and seeks a judicial ruling to invalidate Musk's past actions and curtail his influence over federal governance.
Pew Research reports that public trust in U.S. institutions like the federal government, Supreme Court, and news media has been declining for decades, nearing historic lows recently. A 2024 Pew Research survey found only 22% of Americans trust the federal government to act correctly most of the time. Confidence in higher education, science, and political institutions has also waned. This growing mistrust allows powerful figures like Elon Musk to assume governance roles without traditional oversight mechanisms, further weakening democratic accountability.
Elon Musk’s DOGE team has reportedly placed unvetted engineers within federal agencies, raising concerns about cybersecurity risks and insider threats. Experts warn their access to sensitive Treasury systems could make the U.S. vulnerable to cyberattacks and foreign exploitation. According to Fortune magazine, Musk’s unchecked influence blurs the line between private enterprise and governmental authority.
Torrez's website describes him as New Mexico’s Attorney General and former Bernalillo County District Attorney (DA). He is noted as a graduate of Harvard University, London School of Economics (LSE), and Stanford Law School. As a former White House Fellow under President Obama, Torrez is recognized as a national leader in criminal justice reform, crime reduction strategies, and police transparency initiatives.
