New Mexico spearheaded the lawsuit, filing it with Arizona, California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Michigan, Nevada, Oregon, Rhode Island, Vermont and Washington.
What’s their argument? As Democracy Docket explains, “The plaintiffs argued that Musk, DOGE and President Donald Trump violated the Appointments Clause and the separation of powers principles of the U.S. Constitution.
“Musk has wielded the power of an official who would need to be formally appointed by the president and confirmed by the Senate, but he hasn’t gone through that constitutionally required process, the states argued.”
That might cause a judge to put the kibosh on all DOGE activity. Or even reverse everything it’s done, though that’s a far tougher ask.
An emergency hearing for a temporary restraining order is scheduled tomorrow morning before Judge Tanya Chutkan in D.C.
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Their response will be that those are abnormalities and don’t count.
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