U.S. District Judge Tanya Chutkan on Tuesday declined to issue a temporary restraining order that would block Elon Musk and his Department of Government Efficiency (DOGE) from accessing federal data systems at several executive branch agencies. The ruling represents an early setback for a group of Democratic state attorneys general seeking to limit Musk’s role in the federal workforce reorganization.
The 14 states, which filed a lawsuit last week, argue that Musk’s leadership of DOGE violates the Constitution’s Appointments Clause by allowing an unconfirmed private citizen to wield executive power.
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They sought to prohibit DOGE from accessing information systems at the Office of Personnel Management, the Departments of Education, Labor, Health and Human Services, Energy, Transportation, and Commerce, and to prevent the agency from firing or placing any employees on involuntary leave.
In her 10-page ruling, Judge Chutkan noted that while the states contend that DOGE’s “unpredictable actions” have created uncertainty and confusion, they failed to demonstrate that they would suffer imminent, irreparable harm without a temporary restraining order.
“The court is aware that DOGE’s unpredictable actions have resulted in considerable uncertainty and confusion for Plaintiffs and many of their agencies and residents,” Judge Chutkan wrote. “It remains ‘uncertain’ when and how the catalog of state programs that Plaintiffs identify will suffer.”
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The decision is an early chapter in a broader legal battle over Musk’s role in reshaping federal workforce management, a move that has drawn sharp criticism from Democratic state attorneys general.
They maintain that Musk’s involvement, as head of DOGE, undermines the constitutional requirement for Senate confirmation of high-level executive appointees.
For now, Musk and DOGE retain access to the data systems at the challenged agencies.
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