On February 13, 2025, attorneys general from 14 states—New Mexico, Arizona, Michigan, Maryland, Minnesota, California, Nevada, Vermont, Connecticut, Rhode Island, Massachusetts, Oregon, Washington, and Hawaii—filed a lawsuit in federal court in Washington, D.C., against the Department of Government Efficiency (DOGE), led by Elon Musk.
The lawsuit challenged DOGE’s authority, claiming that President Trump violated the Appointments Clause of the U.S. Constitution by establishing DOGE as a federal entity without congressional approval. The states allege that Musk, operating without Senate confirmation, has been given “virtually unchecked power” to access sensitive government data, fire federal employees, cut budgets, cancel contracts, and dismantle agencies, causing “chaos and confusion” across the government. They argue this overreach threatens state programs and citizens’ data security, asserting that such authority can only be exercised by a properly appointed official.
The initial hearing occurred on February 17, 2025, before U.S. District Judge Tanya Chutkan (an Obama appointee) during a special Presidents’ Day session held via Zoom. The states sought a temporary restraining order to block DOGE from accessing federal data and firing employees at agencies like the Office of Personnel Management and six others overseeing health, education, energy, transportation, labor, and commerce.
During the hour-long hearing, Chutkan expressed skepticism about the states’ request, questioning whether they had shown imminent harm sufficient to justify immediate action. She described DOGE’s actions as “unpredictable and scattershot,” complicating the states’ ability to pinpoint specific damages, and noted the unusual nature of a private citizen directing a non-agency entity with broad government access. The Justice Department countered that DOGE operates in an advisory role, not requiring Senate confirmation, and that the states failed to prove Musk directly wielded governmental authority.
We brought you this update just yesterday:
And now today it looks as though our reporting was spot on because Judge Tanya Chutkan has just ruled against the 14 states and in favor of DOGE.
Take a look:
BREAKING: HUGE WIN FOR ELON!
Judge Chutkan shut down 14 Democratic attorneys General’s bid to block DOGE from slashing waste at 7 federal agencies.
- Labor
- Education
- HHS
- Energy
- Transport
- Commerce
- OPM pic.twitter.com/3PRLI9Gr9H— Libs of TikTok (@libsoftiktok) February 18, 2025
An absolutely huge win for President Trump, for Elon Musk...and most importantly for the American people!
Judge Chutkan is giving the states every possible opportunity, but they just don't have a good case:
Judge Chutkan is giving the states every possible opportunity to make their case for a temporary restraining order against DOGE, holding a hearing today, on a holiday, but the states’ arguments are very weak.
In a newly filed brief, as proof that Elon Musk wields extraordinary… https://t.co/sNbu5FMM4O pic.twitter.com/vCDgwh8zwh
— Laura Powell (@LauraPowellEsq) February 17, 2025
Here is the final page of the ruling:
BREAKING: Judge Chutkan denies the states’ motion for a temporary restraining order against DOGE. https://t.co/ebhPligzc8 pic.twitter.com/hvnGxl8p4r
— Laura Powell (@LauraPowellEsq) February 18, 2025
What a beautiful thing it is!
Here's more, from CNN:
A federal judge declined on Tuesday to temporarily block Elon Musk and his Department of Government Efficiency from accessing federal data systems at a slew of executive branch agencies.
The decision by US District Judge Tanya Chutkan is an early blow to efforts by a group of Democratic state attorneys general to hamstring Musk and DOGE as they undertake efforts to upend the federal workforce.
ADVERTISEMENTBut the judge also indicated she was skeptical about the Trump administration’s statements about Musk and his powers in DOGE. Musk and DOGE’s access to closely guarded government data – including sensitive information it has collected about and from the American public – has become a battleground in the legal fight against the Trump administration’s efforts to reshape the federal bureaucracy.
The attorneys general sued Musk last week, arguing that his role in the government is a violation of the Constitution’s Appointments Clause, which gives presidents the power to appoint officials who must then be confirmed by the Senate.
The states had asked Chutkan to temporarily prohibit Musk and DOGE from accessing government information systems at 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.
They also wanted the judge to block Musk and DOGE from firing or placing on involuntary leave any employees at those agencies.
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.”
Chutkan went on to say that even though the states’ larger case against Musk is “strong,” their arguments at this stage in the litigation were not good enough to satisfy the standard that must be met to warrant emergency action by the court.
“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,’” she wrote. “But even a strong merits argument cannot secure a temporary restraining order at this juncture.”
ADVERTISEMENTChutkan, of the federal district court in Washington, DC, was appointed by President Joe Biden. She previously oversaw the January 6, 2021, criminal case against President Donald Trump.
Here was more from Fox News from yesterday:
🚨 #BREAKING: US District Judge Chutkan has REJECTED an effort to block Elon Musk and DOGE from accessing government systems, and facilitating mass firings across the government
Another MASSIVE win for the Trump administration!
Judge Chutkan says the Democrat states have FAILED… pic.twitter.com/6w9crNsJ8H
— Nick Sortor (@nicksortor) February 17, 2025
RELATED REPORT:
Judge Chutkan REJECTS Effort To Block Elon Musk and DOGE!
State attorneys general’s claims that Elon Musk and President Donald Trump’s DOGE agency are overstepping federal authority.
"They're going too far!"
BUT Judge Tanya Chutkan voiced doubts over that.
The lawsuit accuses DOGE of illegal actions across seven agencies, but Chutkan says she’s seen no proof of imminent harm.
Just because Democrats don't like what DOGE is doing, that doesn't mean it's illegal.
A ruling is expected within 24 hours.
The funny part is, she's a OBAMA appointee that doesn't like Trump.
So, if even she won't block DOGE, well, the Deep State is running out connections and plays to make.
BREAKING: Infamous Judge Tanya Chutkan, who oversaw Donald Trump's "election interference" case, blocks Democrat state attorneys general attempts to shut down DOGE.
Did you see this coming? pic.twitter.com/TdqPKayQMk
— Resist the Mainstream (@ResisttheMS) February 17, 2025
Fox News reports:
A federal judge expressed skepticism of efforts seeking to bar President Donald Trump's administration from accessing federal data and firing federal workers when hearing remarks from the bench on Monday.
Judge Tanya Chutkan has yet to issue a ruling in the case, which relates to billionaire Elon Musk and the Department of Government Efficiency (DOGE) and their efforts to curb government spending. Chutkan says she will rule on the case within 24 hours.
At issue in the case are DOGE's actions within seven federal agencies, including the Office of Personnel Management, the Department of Education, Department of Labor, The Department of Health and Human Services, Department of Energy, Department of Transportation and the Department of Commerce.
Attorneys general from 14 states argue Musk and Trump's administration have engaged in illegal executive overreach, but Chutkan says she wasn't convinced so far.
"There is no greater threat to democracy than the accumulation of state power in the hands of a single, unelected individual," the lawsuit brought against DOGE states.
Chutkan says lawyers for the states have yet to establish that there is imminent harm that could be avoided by 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. "I’m not seeing it so far."
🚨 #BREAKING: US District Judge Chutkan has REJECTED an effort to block Elon Musk and DOGE from accessing government systems, and facilitating mass firings across the government
Another MASSIVE win for the Trump administration!
Judge Chutkan says the Democrat states have FAILED… pic.twitter.com/6w9crNsJ8H
— Nick Sortor (@nicksortor) February 17, 2025
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