Press Release
February 13, 2025
Government Employees Suit Cites Glaring Appointments Clause Problem
WASHINGTON – Today, a group of government employees sued Elon Musk and the Department of Government Efficiency (DOGE) to stop them from violating privacy and security laws by demanding unauthorized access to sensitive data and using their powers to target, threaten, and remove federal employees. For the first time, this complaint asserts that Musk’s actions are in violation of the United States Constitution’s Appointments Clause. The coalition is represented by State Democracy Defenders Fund (SDDF) and Marziani, Stevens & Gonzalez PLLC (MSG).
The complaint alleges that Musk’s attempts to stop payment of congressionally approved money, access sensitive and confidential data across government agencies, fire government employees and contractors, and dismantle entire agencies exceed his authority. The Constitution’s Appointments Clause only gives those powers to people nominated by the President and confirmed by the U.S. Senate, neither of which applies to Musk. Since Musk’s role as the de facto DOGE administrator constitutes the performance of significant governmental duties that should only be handled by duly appointed officers of the United States, the plaintiffs are seeking a permanent injunction to prevent Musk and his team from continuing their roles.
“Elon Musk is wielding extraordinarily broad and unprecedented power in leading DOGE without constitutional authority,” said Norm Eisen, executive chair of State Democracy Defenders Fund. “Our government has rules to protect the American people from executive overreach. An unelected, part-time ‘special government employee’ cannot legally circumvent them. We can and will achieve accountability through the courts.”
“We are proud to represent the plaintiffs and stand up for the Constitution. The questions regarding Musk’s and DOGE’s role, scope of authority, and proper appointment under our Constitution are not merely academic. Our plaintiffs are regular Americans who have faithfully served our country and the public good, but they have had their lives turned upside down just because Musk wants to play master of the universe,” said Mimi Marziani, of Marziani, Stevens & Gonzalez PLLC. “Our Constitution is designed to guard against these very sorts of abuses, because our nation depends upon a government for all, not for a few.”
Link to the complaint HERE.
State Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
Marziani, Stevens & Gonzalez PLLC is a mission-driven law firm. We are rooted in Texas with nationally recognized legal expertise, uniquely positioned to provide exceptional representation in today’s dynamic political landscape.