Elon Musk is confronted with legal challenges from Democratic officials who argue that he was unlawfully granted significant powers to restructure federal agencies. Two lawsuits claim Musk, a “special government employee,” has been acting as a “principal officer” without Senate confirmation, disrupting operations and accessing agency records unlawfully, prompting a high-profile courtroom battle.
Elon Musk is facing one of the most direct legal challenges yet regarding his involvement in the US government, as Democratic state officials and federal employees accuse President Donald Trump of unlawfully delegating vast powers to the billionaire.
On Thursday, two lawsuits were filed in federal courts in Washington and Maryland, claiming that Musk has been given unconstitutional authority to restructure and dismantle federal agencies—a power that should only be exercised by high-level officials confirmed by the Senate.
The lawsuits seek to reverse Musk’s key actions and those of the Department of Government Efficiency (DOGE), which include:
- Orchestrating federal budget cuts
- Reducing the size of the federal workforce
- Gaining access to agency data and internal systems
“Mr. Musk’s seemingly limitless and unchecked power to strip the government of its workforce and eliminate entire departments with the stroke of a pen or click of a mouse would have been shocking to those who won this country’s independence,”
Democratic attorneys general wrote in their complaint.
Trump created DOGE through an executive order on January 20, reorganizing an existing White House office—the US Digital Service—and expanding its role to modernize government technology, oversee spending, and implement federal workforce cuts.
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Musk was hired as a “special government employee,” a classification meant for individuals who serve no more than 130 days per year. However, the lawsuits argue that Musk is acting as a “principal officer”, a role that requires Senate confirmation under the US Constitution’s Appointments Clause.
The lawsuit filed in Washington by 14 Democratic state attorneys general argues that DOGE is exercising powers that Congress never authorized, invoking the major-questions doctrine. This legal principle was used by the US Supreme Court in 2022 to block a Biden administration rule requiring vaccinations or COVID-19 testing for 80 million workers.
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The second lawsuit, filed in Maryland on behalf of unnamed USAID employees, claims that DOGE’s actions have disrupted government operations and unlawfully accessed agency records.
The cases are officially listed as:
- New Mexico v. Musk, 25-cv-429, US District Court, District of Columbia
- Doe v. Musk, 25-cv-462, US District Court, Maryland (Greenbelt)
With these lawsuits, Musk’s controversial government role faces intense legal scrutiny, setting the stage for a high-profile courtroom battle.
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