A U.S. District Judge is poised to rule on a lawsuit seeking to prevent Elon Musk’s Department of Government Efficiency (DOGE) from accessing information systems and terminating employees at seven federal agencies. The lawsuit, filed by 13 Democratic state attorneys general, argues that Musk’s team is overstepping its authority by dismantling programs and executing mass firings.
During a rare holiday hearing, Judge Tanya Chutkan expressed concern over the allegations but questioned whether the states had demonstrated the imminent harm necessary for a temporary restraining order. She noted that while the claims are troubling, a concrete record is required before issuing such an order.
The attorneys general contend that Musk’s role violates the Appointments Clause of the U.S. Constitution, which mandates that principal officers be nominated by the president and confirmed by the Senate. They also assert that DOGE lacks congressional authorization. Since its inception, DOGE has reportedly eliminated thousands of federal jobs and dismantled various programs under Musk’s direction.
In response, a government attorney was unable to confirm reports of mass layoffs, prompting Judge Chutkan to request an update by the end of the day. The judge emphasized the need for factual evidence to support the claims of widespread terminations.
This lawsuit is among approximately 20 legal challenges questioning Musk’s authority within DOGE. Federal judges have issued mixed rulings on related cases. For instance, U.S. District Judge Jeannette Vargas in New York extended a temporary block preventing DOGE from accessing Treasury systems responsible for trillions of dollars in payments.
Conversely, U.S. District Judge John Bates in Washington declined a request to block DOGE from accessing records at the Departments of Labor and Health and Human Services, as well as the Consumer Financial Protection Bureau.
The White House has clarified that Musk serves as a senior adviser to President Donald Trump and does not hold formal authority to make government decisions within DOGE. Despite this, Musk’s significant influence and public statements have raised questions about accountability and the role of senior advisors in government operations.
Judge Chutkan is expected to issue her ruling within 24 hours, a decision that could have profound implications for the balance of power between the executive branch and independent federal agencies. The outcome may also influence the scope of authority granted to individuals appointed without Senate confirmation.
