Featured Image Credit: Andrew Harnik / Staff / Getty
Elon Musk seems to be pretty good at dodging bullets right now.
Despite being embroiled in scandals about accusations of 'Nazi gestures', and admitting he was wrong about $50 million worth of condoms being sent to the Gaza strip, and paying President Donald Trump $10 million over his X ban, the world's richest man seems to be coming out from all of this remarkably well.
Still, the seemingly invincible Elon Musk could be about to be slapped with a reality check thanks to a series of lawsuits trying to remove him from power.
Despite the Department of Government Efficiency not being an official government department and Mr. Musk being classed as a 'special government employee', there are questions about the power he wields and who exactly he reports to.
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The head of the DOGE wasted no time in gutting everything from the National Space Council to USAID and the Department of Education. After one judge ordered Musk to delete financial data obtained on millions of Americans, things could be about to go from bad to worse.
In a lawsuit titled Doe v. Musk, a group of scorned USAID workers have united and claimed that Musk's position within the government is unconstitutional.
As pointed out by Vox, the Constitution decrees that high-ranking government employees who have "significant authority pursuant to the laws of the United States" are appointed as "officers of the United States." The lawsuit says that Musk is using these powers without being officially elected into such a role.
The most powerful officers are 'principal' officers, who have been nominated by the President and confirmed by the Senate. Even the lesser category (known as 'inferior' officers) have to be appointed in a manner that is "established by law."
Remembering that Musk can only technically work 130 days a year as a special government employee, everything is a little murky surrounding what powers he actually has.
Despite Musk being a seeming champion of pausing US foreign aid, it's true that Secretary of State Marco Rubio signed off on the decision and was acting on an executive order from President Trump. As Rubio was officially confirmed by the Senate, his actions seem lawful.
🚨 14 State Attorneys General have filed a lawsuit which claims Pres. Trump has violated the Appointments Clause by creating a federal department without Congress’s approval and granting Musk broad powers without Senate consent.
— Karly Kingsley (@karlykingsley) February 14, 2025
(NM, AZ, MI, CA, CT, HI, MD, MA, MN, NV, OR, RI,… pic.twitter.com/dbVGvsMFtK
Still, a secondary lawsuit against Musk has been filed by 14 Democratic attorneys general from the likes of Arizona, Michigan, and New Mexico, referring to Musk as an "agent of chaos."
This lawsuit claims the current administration is trying to dismantle entire agencies while accessing sensitive data and reducing the federal workforce.
Arizona Attorney General Kris Mayes said: "The founders of this country would be outraged that, 250 years after our nation overthrew a king, the people of this country—many of whom have fought and died to protect our freedoms—are now subject to the whims of a single unelected billionaire."
The 14 states maintain that the POTUS Trump violated the Appointments Clause of the Constitution by creating DOGE without congressional approval. This lawsuit adds: "As a result, he has transformed a minor position that was formerly responsible for managing government websites into a designated agent of chaos without limitation and in violation of the separation of powers."
Although Trump stands with Musk firmly by his side, the 14 Democratic attorneys general are seeking a court order to block the latter from his so-called "government takeover."
