A federal judge rejected an urgent request from Democrat-led states on Tuesday to obstruct cost-reduction measures implemented by Elon Musk and the Department of Government Efficiency (DOGE). Washington, DC, U.S. District Judge Tanya Chutkan denied a petition from 14 Democratic states seeking a temporary restraining order against Musk and DOGE.
"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," Chutkan wrote in her ruling on Tuesday. Chutkan also mentioned that the plaintiffs, led by New Mexico, had failed to meet the "strict criteria for proving irreparable injury."
No Right to Sop DOGE
"In these circumstances, it must be indisputable that this court acts within the bounds of its authority. Accordingly, it cannot issue a TRO, especially one as wide-ranging as Plaintiffs request, without clear evidence of imminent, irreparable harm to these Plaintiffs," Chutkan added.
She pointed out that many of the claims from the Democratic-led states were based on media reports speculating about potential "financial" or "programmatic" harm "may" be suffered if DOGE continued to subject agencies like USAID to severe cuts—something Musk previously described as putting the U.S. Agency for International Development (USAID) through a "woodchipper."
The states also pointed to other actions by DOGE, such as terminating federal contracts, dismissing employees, and even "accessing sensitive and confidential agency data." However, the White House has since clarified that these measures were carried out by agency staff, not by Musk or his team.
"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 added.
"When litigants have identified specific individuals or programs imminently targeted by Defendants, courts have issued appropriately tailored [temporary restraining orders]."
Judge Asks Democrat AGs to File Proposed briefing Schedule
Chutkan, who previously presided over the now-dismissed federal case on 2020 election interference against President Trump, asked the Democratic attorneys general to submit a proposed briefing schedule by 5:00 p.m. on Wednesday if they plan to seek a preliminary injunction.
New Mexico Attorney General Raúl Torrez said that he remains committed to pursuing legal action against Musk and DOGE "for as long as it takes to bring this chaos to an end."
"While we are disappointed that the court declined to issue a temporary restraining order, we remain committed to putting an end to Elon Musk's unlawful power grab," Torrez said in a statement obtained by Source New Mexico.
"Every day that he is allowed to operate without a congressional mandate and with little apparent supervision, Musk is destabilizing our government and disrupting critical funding for education, public health and national security.
"His move fast and break things mentality is not only reckless, but also unconstitutional, and we are prepared to pursue this case for as long as it takes to bring this chaos to an end."
Since Trump's inauguration, DOGE has acted swiftly to place staff members—whom the president has referred to as "super-geniuses"—within various federal agencies to eliminate waste, fraud, and abuse.
Musk, the world's wealthiest person, has said that his objective under this initiative is to cut $2 trillion in federal spending. Although he is not officially a government employee, the billionaire founder of SpaceX and Tesla oversees DOGE's operations as a senior adviser to Trump, according to a recent White House court filing.
On X, DOGE frequently shares updates highlighting massive amounts of taxpayer money it claims to have prevented from being spent or identified as unnecessary expenditures.
The lawsuit filed by Democratic-led states against Musk and DOGE specifically targets the initiative's actions within seven federal agencies: 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.
Following the lawsuit's filing, DOGE has turned its attention to the Social Security Administration, while Trump has directed the cost-cutting team to examine the Pentagon's budget as well.
