New Mexico led the states in the lawsuit, which was filed in Washington, D.C., and alleged Musk’s far-reaching authority as head of DOGE is unconstitutional. The states asked a judge to block Musk’s ability to carry out certain actions, such as canceling government contracts or ordering spending changes.

“In recent weeks, Defendant Elon Musk, with President Donald J. Trump’s approval, has roamed through the federal government unraveling agencies, accessing sensitive data, and causing mass chaos and confusion for state and local governments, federal employees, and the American people,” state attorneys wrote, saying Musk has “unchecked authority.”

Trump established DOGE as an advisory board to root out wasteful government spending and identify fraud. The president tapped Musk, a billionaire tech CEO, to helm the effort.

“He’s a big businessman. He’s a successful guy. That’s why we want him doing this,” Trump said from the Oval Office while speaking to reporters alongside Musk this week.

But Musk and his team, which WIRED reported included several college-aged engineers, have drawn scrutiny for gaining what the lawsuit alleged was improper access to sensitive information stored in several government agencies.

Asked about any “checks and balances” surrounding Musk’s role during the Oval Office appearance, Musk said he was “trying to be as transparent as possible” and that the DOGE team was posting updates about its findings on its website and on the platform X, which Musk owns.

“Your tax dollars need to be spent wisely on things that matter to the people,” Musk said. “It’s just common sense.”

The states said Musk’s and DOGE’s access level to the Department of Treasury, the U.S. Agency for International Development, and other agencies breached the appointments clause of the Constitution, which requires the Senate to confirm executive branch officials who hold the highest levels of authority.

The Trump administration has all but dismantled USAID, which has a multibillion-dollar budget and provides foreign aid, including food and medicine, to dozens of countries. The agency has drawn enormous criticism for mismanaging its finances. Musk recently called it a “criminal organization.”

Blue states, including California and Massachusetts, joined the lawsuit, as did purple states, including Nevada and Arizona.

Musk’s “sweeping authority” is “antithetical to the nation’s entire constitutional structure,” the states alleged.

The Trump administration’s aggressive executive actions, carried out at a stunningly fast pace, have been met with equally as zealous litigation. Lawsuits are challenging Trump’s large-scale layoffs of federal workers, his reinterpretation of birthright citizenship, his broad freeze on federal spending, and other actions.

Sixty-three lawsuits have been filed against the administration at this stage, according to a Just Security analysis.