U.S. District Judge Tanya Chutkan on Tuesday refused the request of 14 Democratic state attorneys general to immediately impose wide-ranging restrictions on Elon Musk’s Department of Government Efficiency (DOGE).
The coalition of states, led by New Mexico, claims Musk’s far-reaching role heading DOGE is unconstitutional since he was not confirmed by the Senate, and the states sought to block DOGE from accessing seven federal agencies.
Chutkan refused their demand to do so at the current stage of the case, saying they had not made the necessary showing of irreparable harm.
“Plaintiffs legitimately call into question what appears to be the unchecked authority of an unelected individual and an entity that was not created by Congress and over which it has no oversight,” Chutkan wrote in her ruling.
“In these circumstances, it must be indisputable that this court acts within the bounds of its authority,” she continued. “Accordingly, it cannot issue a TRO [temporary restraining order], especially one as wide-ranging as Plaintiffs request, without clear evidence of imminent, irreparable harm to these Plaintiffs. The current record does not meet that standard.”
However, in a footnote, the judge suggested that the Justice Department may have stretched the truth in court filings regarding the breadth of DOGE’s power over personnel issues.
“Defense counsel is reminded of their duty to make truthful representations to the court,” Chutkan wrote.
Musk’s DOGE has moved rapidly since Trump’s inauguration to install employees at federal agencies with an aim of cutting trillions of dollars in government spending, quickly drawing legal challenges.
It has put Chutkan, an appointee of former President Obama, at the center of another battle implicating President Trump. The judge previously oversaw the now-dismissed Jan. 6 criminal case against the president.
The Democratic-led states have sought to block Musk and DOGE personnel from accessing confidential data at the Office of Personnel Management, the Department of Education, the Department of Labor, the Department of Health and Human Services, the Department of Energy, the Department of Transportation and the Department of Commerce.
Chutkan issued Tuesday’s order after pressing the plaintiffs about the broad scope of their request at two hearings, including one held on Monday despite the federal holiday.
“I don’t mean to be dismissive, but it’s sort of like a prophylactic TRO, and that’s not allowed,” Chutkan said during Monday’s hearing.
The Democratic-led states raised alarm about the barrage of reports of Musk’s work to dismantle parts of the federal bureaucracy, calling it a “one-of-a-kind situation” that demanded immediate relief.
“They’re stepping well beyond the authority and the four corners of the executive order, to the extent that it said they’re charged with rooting out waste and fraud,” said Anjana Samant, a lawyer representing New Mexico.
Harry Graver, a lawyer for the Justice Department, said there are “very clear paper trails” for all the actions taken by DOGE and there’s “not a single instance” of Musk commanding the actions in his own name.
“Nowhere have my friends offered a shroud to show that Elon Musk has any formal or actual authority to make any government decision,” Graver said.
“I think you stretch too far,” Chutkan interjected. “I disagree with you there.”
After the hearing, the Justice Department submitted a sworn declaration indicating that Musk is not a DOGE employee and is instead a senior adviser to the president at the White House.
The judge also questioned the government over thousands of federal employees apparently fired across several agencies on Friday, which a DOJ lawyer said he had not confirmed.
The case before Chutkan is one of more than a dozen pending lawsuits that challenge DOGE’s structure or its access to systems at various federal departments.
A separate judge late Monday declined to block DOGE from accessing student borrower data at the Education Department. On Friday night, a judge refused a group of unions’ request to block DOGE from accessing two federal departments and the Consumer Financial Protection Bureau, which the administration has looked to gut.
