A coalition of U.S. states led by the State of New Mexico has filed a lawsuit against President Trump, Elon Musk, and the Department of Government Efficiency (DOGE), claiming that Musk has unlawfully assumed executive powers. President Trump created DOGE through Executive Order 14158, and appointed Elon Musk as a "senior advisor" to direct DOGE. Since then, Musk has made drastic cuts to the federal workforce, defunded government agencies, and accessed confidential information housed by federal agencies. The plaintiffs argued that President Trump has violated the appointments clause of the Constitution by creating a new federal department without Congressional approval, and that Elon Musk's actions exceeded statutory authority. The plaintiffs requested that the court issue a temporary restraining order preventing Musk from taking any further action to alter the federal government and identify all the ways in which data he harvested from the federal government has been used.
On March 20, 2025, this case was consolidated with Japanese American Citizens League v. Musk (1:25-cv-00643), and continues under New Mexico v. Musk.
