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Michigan AG, other state AGs sue to stop "unlawful delegation" of executive power to Elon Musk

Dana Nessel, Michigan's Attorney General, wears a red blazer and stands at a podium in front of a dark blue backdrop and United States flag.
Rick Pluta
/
MPRN
Michigan Attorney General Dana Nessel

Michigan Attorney General Dana Nessel, along with New Mexico Attorney General Raul Torrez and Arizona Attorney General Kris Mayes, led a coalition of 14 states in filing a lawsuit challenging the unlawful delegation of executive power to Elon Musk.

The lawsuit was filed in the U.S. District Court for the District of Columbia. It argues that President Donald Trump has violated the Appointments Clause of the United States Constitution by creating a new federal department without Congressional approval and by granting Musk sweeping powers over the entire federal government without seeking the advice and consent of the Senate.

President Donald Trump said he picked Musk to reduce federal spending. But Nessel said Musk and his team’s actions are potential threats to national security and the privacy of ordinary Americans.

“This assault on our federal government by the unelected, unappointed billionaire Elon Musk usurps the right of the Senate to advise and consent and is plainly unconstitutional," Nessel said.

The lawsuit is seeking a temporarily restraining order and to nullify the actions taken so far.

Nessel denied that the lawsuit is politically motivated.

Tracy Samilton covers energy and transportation, including the auto industry and the business response to climate change for Michigan Public. She began her career at Michigan Public as an intern, where she was promptly “bitten by the radio bug,” and never recovered.
Steve Carmody has been a reporter for Michigan Public since 2005. Steve previously worked at public radio and television stations in Florida, Oklahoma and Kentucky, and also has extensive experience in commercial broadcasting.
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