Posted on 02/18/25
| News Source: The Hill
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.