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Washington State News

Washington Joins Landmark Multistate Lawsuit Claiming that President Trump Has Unlawfully Delegated Power

Photo: Nick Brown for Attorney General/Instagram

(Washington State) Washington State Attorney General Nick Brown today joined 13 other attorneys general in a lawsuit challenging President Trump. They claim that he has allegedly unlawfully delegated his executive power to Elon Musk.

The lawsuit argues that President Trump has violated the Appointments Clause of the U.S. Constitution by creating a new federal department without congressional approval, and by granting Musk sweeping powers over the entire federal government without the advice and consent of the Senate or accountability to the people of the United States.

“Elon Musk has amassed — or simply taken for himself — unaccountable power to walk into any federal agency, fire people, eliminate programs authorized by Congress, and access confidential personal and national security information without regard for the consequences,” Brown said. “Washingtonians will not stand by while their safety and freedoms are threatened by a lawless administration intent on shredding the Constitution line by line.”

“Elon Musk’s role in the Trump administration is unconstitutional,” said Washington state Governor Bob Ferguson. “If the President wants Musk or any other powerful billionaire to have a significant role in running our government, he can and should appoint them as the Constitution requires.”

The lawsuit highlights how, with the president’s approval, Musk has allegedly unraveled federal agencies, accessed sensitive data, and caused widespread disruption for state and local governments, federal employees, and the American people. The complaint further asserts that Musk’s actions violate the Appointments Clause of the U.S. Constitution, which ensures that executive appointments are subject to congressional oversight and Senate confirmation.

“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, is unprecedented,” the lawsuit states. “The sweeping authority now vested in a single unelected and unconfirmed individual is antithetical to the nation’s entire constitutional structure.”

In an official statement from the Washington State Attorney General, the state claims that, “Defendants’ actions threaten the financial and operational stability of the states by disrupting billions of dollars in federal funding essential for law enforcement, healthcare, education, and other critical services. State agencies depend on federal funds and cooperative agreements, and the termination of these partnerships would result in severe budget shortfalls, staffing crises, and the potential loss of key programs. Similarly, the proposed elimination of the U.S. Department of Education would strip away federal civil rights oversight in schools, leaving states with uncertain legal authority to address discrimination cases involving students with disabilities and enforce Individualized Education Programs (IEPs) and disability protections.”

Additionally, the statement goes on to say that, “Beyond financial and regulatory harms, the reckless expansion of DOGE’s authority endangers cybersecurity and erodes public trust. DOGE operatives have reportedly accessed federal financial databases containing sensitive state tax records and banking information without proper oversight, increasing the risk of cyberattacks, data breaches, and foreign exploitation.”

Washington and its partner states seek a court ruling declaring Musk’s actions unconstitutional and invalidating them, and issuing an injunction barring him from issuing further unlawful orders.

The New Mexico Department of Justice leads this lawsuit with Arizona and Michigan as co-leads. Washington also joins New Mexico, Arizona, Michigan, California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, and Vermont.

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