Judge Tanya Chutkan, an Obama appointee held a hearing on Friday afternoon after 14 Democrat state attorneys general sued Trump and DOGE and claimed Elon Musk is operating with unchecked power since he is not senate confirmed.
Blue states such as Arizona, Michigan, Rhode Island, New Mexico, California, Massachusetts and others filed a lawsuit arguing President Trump violated the Appointments Clause of the Constitution when he created DOGE and gave Elon Musk ‘unchecked power.’
The attorneys general argued that since Elon Musk is not senate confirmed, he should be barred from issuing orders to anyone inside of the executive branch.
They argued that the Trump Admin’s creation of DOGE with Elon Musk at the helm violates the Appointments Clause of the Constitution.
In a strange twist, the exact argument previously played out in Tanya Chutkan’s court. Recall that President Trump’s lawyers in a motion to dismiss argued that Jack Smith’s appointment to special counsel violated the Appointments Clause of the Constitution because he was not senate confirmed.
Judge Chutkan tossed out Trump’s motion to dismiss based on the Appointments Clause argument, however, Judge Cannon dismissed the classified documents case based on this very argument.
On Friday, Judge Chutkan appeared to be skeptical of the emergency restraining order request.
According to Politico, Chutkan was not buying the demand for emergency relief after a lawyer for New Mexico argued that Elon Musk is a “literal wrecking ball.”
The lawyer argued that an emergency TRO was necessary because Elon Musk will work all weekend and cause harm over the weekend.
Judge Chutkan was not impressed and told the lawyers that wasn’t enough for her to immediately grant an emergency TRO.
Additionally, Chutkan said their request was just too broad.
After the hearing was over, Chutkan said, “I will rule in due course.”
Legal reporters all present for the hearing said Judge Chutkan was disinclined to grant the TRO.
Chutkan’s main issue is the breadth of what states are asking for. She says she understands states concerns given the “unpredctability” and pace of DOGE’s actions. But a TRO against Musk and everything he does seems too broad, she says.
— Kyle Cheney (@kyledcheney) February 14, 2025
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