A federal judge on Tuesday declined to temporarily block Elon Musk and the Department of Government Efficiency (DOGE) from accessing federal data systems across multiple executive branch agencies. The ruling by U.S. District Judge Tanya Chutkan, who was hearing the Jan. 6 ‘election interference’ case against President Donald Trump, marks an early setback for a group of Democratic state attorneys general seeking to limit Musk and DOGE’s efforts to overhaul the federal workforce, CNN reported.
Last week, the attorneys general filed a lawsuit against Musk, arguing that his government role violates the Constitution’s Appointments Clause, which grants presidents the authority to appoint officials who must be confirmed by the Senate. The states had requested that Judge Chutkan temporarily bar Elon Musk and the Department of Government Efficiency (DOGE) from accessing government information systems at several key agencies.
They included 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. Additionally, they sought a court order preventing Musk and DOGE from firing or placing any employees at these agencies on involuntary leave, CNN reported. But Chutkan said that the states hadn’t shown “that they will suffer imminent, irreparable harm absent 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,” she wrote in the 10-page ruling. “It remains ‘uncertain’ when and how the catalog of state programs that Plaintiffs identify will suffer.”
During a court session on Monday, Chutkan expressed skepticism over the legality of restricting his team from accessing federal information and dismissing government employees. The judge noted that the states’ argument failed to sufficiently justify the need for such sweeping restrictions. The controversy revolves around actions taken by DOGE across multiple federal departments, including the Office of Personnel Management and the Departments of Education, Labor, Health and Human Services, Energy, Transportation, and Commerce.
“There is no greater threat to democracy than the accumulation of state power in the hands of a single, unelected individual,” the lawsuit against DOGE claims. But Chutkan expressed doubt about the urgency of the alleged threats, pointing out that the attorneys for the states have not shown any imminent harm that would warrant restraining DOGE. “The things that I’m hearing are serious and troubling indeed… But you’re saying these are things that we’re hearing,” she said, according to Fox News. “I’m not seeing it so far.”
New Mexico Attorney General Raul Torrez filed the lawsuit, joined by officials from Arizona, Michigan, Maryland, Minnesota, California, Nevada, Vermont, Connecticut, Rhode Island, Massachusetts, Oregon, Washington, and Hawaii. The coalition of states is seeking a temporary restraining order to halt further federal firings recommended by Musk and DOGE.
