On Monday, a federal judge in Washington seemed inclined to reject the government efficiency department’s emergency restraining order request against Elon Musk’s Department of Government Efficiency (DOGE). The request sought to halt the department from laying off federal employees and accessing internal data of federal government departments.
After nearly an hour-long online hearing, U.S. District Judge Tanya Chutkan indicated her plan to rule within 24 hours on the temporary restraining order request brought by 14 state attorneys general.
The request aimed to block DOGE from laying off federal employees and accessing data from the Departments of Education, Labor, Health and Human Services, Energy, Transportation, Commerce, and the Office of Personnel Management (OPM), as part of President Trump’s campaign promise to reduce the size of the federal government.
The judge stated that the allegations lacked sufficient specific evidence to justify the restraining order.
Judge Chutkan described the states’ requests for temporary injunctions as “precautionary” and expressed skepticism about issuing a broad injunction, as the plaintiffs failed to demonstrate specific harm from DOGE’s actions.
“The court cannot act based on media reports, we can’t do that,” Judge Chutkan said. “What I’ve heard is certainly troubling, disturbing, but I have to have a record, and I have to have facts before I issue something.”
Judge Chutkan noted that in applying for such injunctions, states need to demonstrate the existence of “extreme” and “imminent” harm that is “irreparable.”
“So far, I have not seen the harm that the plaintiffs claim,” the judge stated.
Fourteen states filed a federal lawsuit last Thursday, alleging that Musk’s “broad powers” violated the Appointments Clause of the U.S. Constitution, which stipulates that anyone deemed a “principal officer” of the U.S. government must be formally nominated by the president and confirmed by the Senate.
The White House had previously confirmed that billionaire Musk was working for Trump as a “special government employee.” Trump expressed satisfaction with Musk’s performance and revealed that Musk could only act with government approval.
Chutkan, appointed by former President Obama, had previously overseen election cases involving Trump. If the judge rejects this restraining order application, it will temporarily allow Musk and DOGE to continue working with the federal government and implement large-scale layoffs.
(References: “Politico,” ABC News)