Judge Tanya Chutkan, an Obama appointee, denied a request for a temporary restraining order (TRO) on Tuesday, rejecting an emergency motion filed by 14 Democrat state attorneys general seeking to block Donald Trump and the Department of Government Efficiency (DOGE).
The attorneys general, representing blue states such as Arizona, Michigan, Rhode Island, New Mexico, California, Massachusetts, and others, filed a lawsuit arguing that President Trump’s creation of DOGE and his appointment of Elon Musk to oversee the agency violated the Appointments Clause of the U.S. Constitution.
According to their legal argument, Musk, who has not been confirmed by the Senate, is exercising unchecked power over executive branch employees in a way that undermines constitutional norms.
In their request for a TRO, the attorneys general sought an immediate halt to Musk’s involvement in DOGE, claiming that his role amounted to an unconstitutional appointment.
Their lawsuit contended that Musk should be prohibited from issuing directives to any federal employees or agencies until the matter is fully adjudicated.
The plaintiffs warned that allowing Musk to continue in his role would cause significant and irreparable harm by disrupting the legal structure of the executive branch and the balance of powers.