On February 13, fourteen state attorneys general (AGs) filed a complaint in the U.S. District Court for the District of Columbia challenging the authority of DOGE and its head, Elon Musk, to take actions across the federal government. The AGs argued that Musk does not occupy an office of the United States and has not had his nomination for an office confirmed by the Senate, rendering his actions and the actions of DOGE unconstitutional, stating “[t]here is no office of the United States, other than the President, with the full power of the Executive Branch, and the sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”
The complaint argued under the Constitution, Congress alone has the power to enact laws and appropriate funds, prohibiting the President from making unilateral changes to existing laws regarding the structure of the executive branch and federal spending. The complaint emphasized how “[a]dministrative agencies are creatures of statute” and argued the President’s authority to grant a “temporary organization” such as DOGE is limited; further, the AGs argued the Appointments Clause only allows Presidents to grant significant authority to officers of offices that Congress has already established by law and requires that officers of the U.S. government be nominated by the President and confirmed by the Senate. The AGs alleged the actions Musk and DOGE have taken to access federal records and assert control over federal agencies are unlawful because they lack appropriate congressional approval. The complaint further alleged such actions have caused disruption to state and local government activities.
The complaint seeks an order enjoining Musk and DOGE from, among other actions, (i) ordering changes to disbursement of public funds, (ii) cancelling government contracts, (iii) disposing government property, (iv) rescinding regulations, (v) making personnel decisions, and (vi) accessing sensitive and confidential agency data. It also asks the court to declare Musk’s and DOGE’s actions to date and to have no future legal effect.
