In an unusual move on a federal holiday—when courts are typically closed—Judge Tanya Chutkan scheduled an 11 A.M. hearing yesterday to address a temporary restraining order request filed by a coalition of 14 states led by New Mexico.
The lawsuit challenges the authority granted to Elon Musk under the newly created Department of Government Efficiency (DOGE), alleging that his sweeping powers pose risks to government operations and citizen privacy.
According to court documents, Democratic state attorneys general argued on Friday that the DOGE initiative, established by an executive order on January 20, 2025, has exceeded its statutory limits.
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The plaintiffs claim that Musk’s role, appointed by President Donald Trump, violates the U.S. Constitution’s Appointments Clause by allowing him to dismantle federal agencies, access sensitive data, and make unilateral decisions without required oversight.
Judge Chutkan stated that the relief sought by the 14 states was “essentially asking me to shut down the government,” noting that the request was too broad in scope. “The temporary restraining order proposed would block access to critical government systems for a two-week period,” she said, reflecting concerns that such an order could disrupt essential federal functions.
In a related ruling over the weekend, U.S. District Judge John Bates denied a separate request to block DOGE’s access to records from the Department of Labor, the Department of Health and Human Services, and the Consumer Financial Protection Bureau. Judge Bates determined that DOGE likely qualifies as a federal agency and thus retains the authority to access these records.
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The coalition’s lawsuit, filed in the U.S. District Court for the District of Columbia, alleges that Musk’s actions under the DOGE initiative have already caused chaos across multiple federal agencies, jeopardizing critical programs and exposing sensitive state and citizen data to cybersecurity risks. The complaint contends that the powers granted to Musk are “virtually unchecked” and go far beyond the bounds of traditional executive authority.
The DOGE initiative was created as part of an effort to modernize federal technology, cut wasteful spending, and restructure federal agencies. However, the lawsuit asserts that Musk’s leadership of DOGE has raised serious constitutional questions and threatens the separation of powers, prompting the coalition of states to seek judicial intervention.
As the federal hearing proceeds on this atypical holiday session, both sides are expected to present arguments on whether the temporary restraining order is an appropriate remedy to halt what the states describe as “unprecedented authority” that endangers governmental functions and the privacy of American citizens.
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