CLC Sues to Stop Elon Musk and DOGE’s Unconstitutional Power Grab

By Kate Huddleston and Maha Quadri

The well-being of everyday Americans is under threat. Unelected megadonor Elon Musk and his so-called U.S. DOGE Service (DOGE) threaten to dismantle America’s system of government.

Musk and DOGE have absolutely no legal right to make decisions as to how our government spends money — that is up to Congress — or to take control of the federal government in the shadows.

Campaign Legal Center (CLC) and our clients filed a lawsuit to stop this illegal power grab. We will not stand by as President Trump opens the door for his wealthiest donor to wreak havoc on our system of checks and balances and make our government less responsive to the American people. ?

Elon Musk and DOGE’s Activities Are Illegal ?

With an executive order on day one, President Trump created the U.S. DOGE Service as an office within the Executive Office of the President. It is supposed to have an incredibly narrow purpose: “modernizing Federal technology and software.”

Musk and DOGE do not have the authority to make funding decisions that impact federal agencies or decisions about federal personnel; however, they have done just that.

This is unlawful. ?

The American people elect representatives to Congress who have the authority, under our system of checks and balances, to decide how federal spending should be “appropriated,” or distributed.

Congress also has the power to authorize certain executive branch officials to make decisions about personnel based on standards set forth in law. The president’s largest campaign donor, who has not been appointed to any Senate-confirmed federal office, is not one of those officials.

Once these decisions become law, no one — not even the current president — has the power to simply ignore or undo these directions.

Americans did not elect Elon Musk; he was not confirmed by the Senate, and he does not have the power to pick and choose which critical federal agencies can continue to serve the public.

Elon Musk and DOGE do not have the legal authority to make federal spending decisions. Even the president does not have the power to make those decisions by himself.

The United States is led by a president, not a king. ?

Everyday Americans Are Paying the Price ?

Musk and DOGE are undermining our system of checks and balances at the expense of Americans’ well-being. ?

DOGE has dismantled the U.S. Agency for International Development (USAID) and is threatening to do the same with the U.S. Department of Education.

Without authority, Musk and DOGE have illegally and unconstitutionally canceled federal funds that already were appropriated and have fired thousands of everyday Americans who performed critical functions.

This unlawful chaos is felt by Americans nationwide. National parks and historic sites are missing rangers who are essential for safety and public access. Innovative scientific research has been stopped in its tracks. Thousands of students who rely on federal grants to access education are now unsure of their futures.

Elon Musk Isn’t Authorized to Make Decisions for Us ?

President Trump has rewarded Elon Musk for his hundreds of millions of dollars in campaign support by supposedly creating an incredibly powerful position that is inconsistent with the constitutional system put in place to ensure that our public officials are fit to serve. ?

Musk was not elected, nor was he vetted by the Senate through a confirmation hearing and approval — a critical check on executive power that the Constitution requires for high-level public officials.

An unelected megadonor with countless conflicts of interest should not be making decisions for the president, many of which appear to benefit Musk himself.

Holding President Trump and DOGE Accountable

CLC represents organizations that are harmed and whose members are harmed by Musk and DOGE: the Japanese American Citizens League (JACL), OCA – Asian Pacific American Advocates (OCA), the Sierra Club and the Union of Concerned Scientists (UCS). We are suing to stop Musk and DOGE’s lawless actions.

The federal government supports many services and functions that are the bedrock of Americans’ lives, from education to exploring the outdoors to critical scientific research.

Musk and DOGE’s actions even threaten pilgrimages to former sites of Japanese American incarceration during World War II. ?

Musk and DOGE’s lawless rampage through the federal government — slashing federal funding, dismantling federal agencies and firing federal employees — has caused sweeping harm and will continue unless stopped by the courts.

CLC is standing up for the American people who already are paying the price for Trump and Musk’s decisions. The courts must move to hold Musk and DOGE accountable, reaffirm our country’s constitutional separation of powers and block these illegal actions.

With your support, CLC is determined to prevent President Trump from dismantling our democracy. Keep up with our lawsuit here.

CLC is dedicated to solving the wide range of challenges facing American democracy. We fight for every American’s freedom to vote and participate meaningfully in the democratic process, particularly Americans who have faced political barriers because of race, ethnicity or economic status.?Learn more about our work.