A federal judge has rejected a request to temporarily block the Department of Government Efficiency, known as DOGE, from accessing sensitive government data or influencing layoffs.
State attorneys general had sued, arguing that Elon Musk’s appointment to lead the agency was illegal. They claimed he was given authority to access sensitive government data and direct firings without proper approval. However, the government argued in a court filing that Musk is not actually the administrator of DOGE, raising questions about who is truly in charge of the agency.
Fourteen attorneys general filed the lawsuit against Musk, DOGE, and President Donald Trump, alleging that the president violated the Appointments Clause of the Constitution. The suit argues that any power to implement government changes through DOGE must be granted by the Senate, not the president.
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On Tuesday, Judge Tanya Chutkan denied the plaintiffs' request for a temporary restraining order, stating that while "DOGE’s unpredictable actions have resulted in considerable uncertainty and confusion for Plaintiffs and many of their agencies and residents," the plaintiffs did not meet the threshold for imminent irreparable harm.
However, she also acknowledged that "Plaintiffs raise a colorable Appointments Clause claim with serious implications. Musk has not been nominated by the President nor confirmed by the U.S. Senate, as constitutionally required for officers who exercise ‘significant authority pursuant to the laws of the United States.’"
Judge Chutkan has ordered the parties to meet and discuss the next steps, which may still include the plaintiffs seeking a preliminary injunction against Musk and DOGE.
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