Judge Tanya Chutkan, an Obama appointee, denied a request for a restraining order on Tuesday in response to a motion filed by 14 Democrat state attorneys general after they sued to stop Trump and DOGE.
The Democrat attorneys general argued that 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.
This exact Appointments Clause 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, during a hearing, Judge Chutkan appeared to be skeptical of the emergency restraining order request. The judge asked the plaintiffs to file a proposed order narrowing its scope.
The drama continued to unfold in Chutkan’s court this week as the attorneys general awaited a ruling from the judge.
On Tuesday, Judge Chutkan denied the request for a TRO.
“Based on the parties’ briefing, oral argument, and the current record, the court finds that Plaintiffs have not carried their burden of showing that they will suffer imminent, irreparable harm absent a temporary restraining order, and therefore Plaintiffs’ motion is DENIED,” Chutkan wrote.
Chutkan said she is considering whether Elon Musk’s role is a violation of the Appointments Clause.
“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. In these circumstances, it must be indisputable that this court acts within the bounds of its authority,” Chutkan wrote.
The Trump Administration on Monday filed a declaration explaining what authority Elon Musk has in response to a lawsuit arguing Musk and DOGE violates the Appointments Clause of the Constitution.
Elon Musk is an employee of the White House Office. He holds the position as a non-career Special Government Employee (SGE),” Joshua Fisher, the White House’s Director of the Office of Administration said in a sworn declaration.
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