District Court Judge Tanya Chutkan denied a motion from the Trump Administration to dismiss a lawsuit led by New Mexico Attorney General Raúl Torrez. The lawsuit, which involves Arizona and Michigan Attorneys General as co-leads and is joined by 13 additional states, targets Elon Musk and the Department of Government Efficiency (DOGE). The case alleges that Musk has been exercising executive authority over the federal government without proper constitutional appointment.
The court's decision allows the coalition to proceed with its claims, affirming that the states have standing to sue and that their allegations warrant judicial review. Attorney General Torrez said, "Today’s decision is an important milestone for preserving America’s system of checks and balances." He emphasized the case's aim to defend the Constitution against what he described as billionaire donors dismantling federal agencies without lawful authority.
Arizona Attorney General Kris Mayes expressed her commitment to protecting personal privacy and upholding constitutional principles. She said, "We will keep fighting Elon Musk and DOGE to ensure the Trump Administration follows the law."
Michigan Attorney General Dana Nessel also commented on the ruling, saying it was a step forward in holding the federal government accountable for alleged unconstitutional actions by DOGE. She remarked, "The Constitution, and the Appointments Clause, are not mere roadblocks for this administration to ignore."
The court's opinion highlighted several issues with Musk's role in DOGE. It noted that under his direction, DOGE halted federal payments, terminated contracts, shuttered agencies, and seized data systems without statutory authority. The court found that Musk acted as a de facto principal officer without Senate confirmation.
Attorney General Torrez reiterated his stance on accountability: "Elon Musk may be leaving town, but this case will go on." He stressed that no one should exercise executive authority without Senate consent.
The lawsuit was filed in February 2025 in response to President Trump's creation of DOGE by executive order. Plaintiffs seek injunctive relief to prevent further unconstitutional actions.
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