The new Trump administration’s “slash first, ask questions later” approach to overhauling the federal bureaucracy has, unsurprisingly, spawned a mountain of litigation raising a dizzying array of statutory and constitutional challenges to various executive actions.
Among the most effective to date at halting the steamroller, at least temporarily, have been those brought by a coalition of Democratic state attorneys general. Two of these have focused particularly on the activities of the soi-disant Department of Government Efficiency. The first lawsuit has, thus far successfully, sought to block DOGE staff from accessing the Treasury Department’s critical payments system, alleging violations of the Administrative Procedures Act, the Privacy Act of 1974, and the Federal Information Security Management Act, among others.
The second suit strikes at the formation of DOGE itself, arguing that the unprecedented power delegated to Elon Musk effectively makes him a senior government officer, and that the administration’s failure to seek Senate confirmation runs afoul of the constitutional mandate to obtain the “advice and consent” of that body for such appointments.
In order to get the inside skinny on the litigation—and what future challenges might be coming down the pike—we spoke with Minnesota Attorney General Keith Ellison, who brought the suits along with 18 other state attorneys general. Ellison previously served a dozen years in the U.S. House of Representatives, where he founded the Congressional Antitrust Caucus and the Congressional Consumer Justice Caucus, as well as co-chairing the Congressional Progressive Caucus.
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