U.S. District Judge Tanya Chutkan signaled skepticism toward an emergency request to block Elon Musk’s Department of Government Efficiency (DOGE) from firing federal employees or accessing sensitive agency records. The request, filed by 14 state attorneys general, sought a temporary restraining order against DOGE’s actions within multiple federal departments, including Education, Labor, Health and Human Services, and Commerce.
During a virtual hearing on Monday, Chutkan expressed doubts over whether the states had demonstrated an imminent and irreparable harm that justified immediate intervention. She described the request as “prophylactic” and noted that the plaintiffs struggled to present concrete evidence of harm. “The court can’t act based on media reports,” she said. “The things that I’m hearing are concerning indeed and troubling indeed, but I have to have a record, and I have to make a finding of facts before I issue something.”
The lawsuit, filed Thursday, argues that Musk’s expansive role at DOGE violates the U.S. Constitution’s Appointments Clause, which requires principal officers of the federal government to be nominated by the president and confirmed by the Senate. Chutkan, however, suggested that the urgency of the case was unclear. She noted that while rehiring laid-off employees would be difficult, it is not an irreversible harm.
Chutkan also questioned the Trump administration’s legal team over the extent of DOGE’s firings. “The firing of thousands of federal employees is not a small or common thing. You haven’t been able to confirm that?” she asked, adding that it would be relevant to know how many federal employees had been terminated.
Despite her reluctance to grant a temporary restraining order, Chutkan acknowledged concerns about DOGE’s operations. “DOGE appears to be moving in no sort of predictable and orderly fashion,” she observed. “This is essentially a private citizen directing an organization that’s not a federal agency to have access to the entire workings of the federal government, fire, hire, slash, contract, terminate programs, all without apparently any congressional oversight.”
The lawsuit is one of at least 73 legal challenges filed against President Trump’s executive actions since he returned to office. Many have resulted in temporary restraining orders. Chutkan said she would issue a ruling within 24 hours.
