2025-26 ATTORNEY GENERAL LOPEZ FILES MULTISTATE LAWSUIT TO STOP ELON MUSK’S UNCONSTITUTIONAL POWER GRAB

STATE OF HAWAIʻI

KA MOKU ʻĀINA O HAWAIʻI

 

DEPARTMENT OF THE ATTORNEY GENERAL

KA ʻOIHANA O KA LOIO KUHINA

 

JOSH GREEN, M.D.
GOVERNOR

KE KIAʻĀINA

 

ANNE LOPEZ

ATTORNEY GENERAL

LOIO KUHINA

 

ATTORNEY GENERAL LOPEZ FILES MULTISTATE LAWSUIT TO STOP ELON MUSK’S UNCONSTITUTIONAL POWER GRAB

News Release 2025-26

FOR IMMEDIATE RELEASE                                               

February 13, 2025 

HONOLULU – Attorney General Anne Lopez, along with 13 other attorneys general, announced the filing of a lawsuit challenging the unlawful delegation of executive power to Elon Musk. The lawsuit argues that President Trump has violated the Appointments Clause of the United States Constitution, which ensures that executive appointments are subject to congressional oversight and Senate confirmation.  

“The Appointments Clause of the U.S. Constitution is an important safeguard in our system of government,” said Attorney General Lopez. “Granting Musk sweeping powers over the entire federal government without seeking the advice and consent of the Senate is unconstitutional. I joined this lawsuit with my fellow attorneys general because we are the last line of defense to uphold the Constitution and enforce the rule of law.”

This lawsuit highlights how, with the president’s approval, Musk has unraveled federal agencies, accessed sensitive data, and caused widespread disruption for state and local governments, federal employees, and the American people. 

“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.”  

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 will 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.  

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.  

The manipulation of federal IT infrastructure by unauthorized individuals threatens not only state financial security but also the integrity of critical national systems. As reports of unauthorized access to Treasury databases emerge, citizens have expressed growing fear that their private financial data is at risk, leading to a chilling effect on participation in state-administered federal programs. The Plaintiff States are now forced to contend with both immediately. 

Attorney General Lopez seeks a court ruling declaring Musk’s actions unconstitutional as well as an injunction barring him from issuing orders to any person in the Executive Branch outside of DOGE, as well as invalidating his previous actions.  

Attorney General Lopez is joined in this lawsuit by the attorneys general of Arizona, California, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Washington and Vermont.

The filing can be found here.

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Media contacts:

Dave Day

Special Assistant to the Attorney General

Office: 808-586-1284                                                  

Email: [email protected]        

Web: http://ag.hawaii.gov

 

Toni Schwartz

Public Information Officer

Hawai‘i Department of the Attorney General

Office: 808-586-1252

Cell: 808-379-9249

Email: [email protected] 

Web: http://ag.hawaii.gov