Attorney General Bonta Sues Trump Administration, Challenging Elon Musk’s Unconstitutional Exercise of Power

Musk was never elected, nominated, or confirmed — an affront to the U.S. Constitution

OAKLAND — California Attorney General Rob Bonta today joined a coalition of 14 attorneys general in filing a lawsuit that challenges Elon Musk’s unlawful exercise of power. In today’s lawsuit, the attorneys general argue that Mr. Musk, an unconfirmed, unelected government employee, is exercising authority that exceeds what the U.S. Constitution permits. In his commanding of the Department of Government Efficiency (DOGE), the lawsuit alleges, Mr. Musk is acting with at least as much authority as a “principal officer of the United States” — a position that only Congress can create and one that requires Senate confirmation. The lawsuit alleges that, by acting as a “principal officer,” Mr. Musk is acting in violation of the U.S. Constitution’s Appointments Clause, and the coalition seeks to immediately halt this unlawful exercise of power. 

“Elon Musk does not occupy a position that Congress created or that the Senate confirmed — Mr. Musk occupies a position the President made up. This is a clear and dangerous effort to bypass the nomination and confirmation process required under the Constitution. DOGE’s ransacking of federal agencies has sown tremendous chaos, instilled distrust among the American people, and has caused deep harm to our country,” said Attorney General Bonta. “Like a bull in a china shop, Mr. Musk is wielding an enormous amount of illegitimized power over sensitive systems and important government programs that are vital to the American way of life.”

In the lawsuit filed today, the attorneys general argue that Mr. Musk has unraveled federal agencies, accessed sensitive data, and caused widespread disruption for state and local governments, as well as critical systems American people rely on daily. By disrupting billions of dollars in federal funding essential for law enforcement, healthcare, education, and other critical services, Mr. Musk’s actions harm the states, including California. 

In filing today's lawsuit, Attorney General Bonta joins the attorneys general of New Mexico, Arizona, Michigan, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington.  

A copy of the complaint can be found here. A copy of the request for a TRO can be found here.