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On Tuesday U.S. District Judge Tanya Chutkan denied the request from 14 Democratic state attorneys general to impose immediate restrictions on Elon Musk’s Department of Government Efficiency (DOGE). The DOGE audits are taking place in many federal agencies.

This ruling marks the latest development in ongoing legal battles surrounding DOGE.

The coalition of states, led by New Mexico, argues that Musk’s leadership of DOGE is unconstitutional since he was not confirmed by the Senate. The states sought to block DOGE from accessing seven federal agencies, citing concerns over its authority and reach.

However, Judge Chutkan refused their request for a temporary restraining order (TRO), stating that the plaintiffs failed to demonstrate immediate, irreparable harm.

Judge Chutkan’s Ruling on DOGE’s Authority

“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.

“In these circumstances, it must be indisputable that this court acts within the bounds of its authority,” she continued.

“Accordingly, it cannot issue a TRO, especially one as wide-ranging as Plaintiff's request, without clear evidence of imminent, irreparable harm to these Plaintiffs. The current record does not meet that standard.”

Despite her ruling, Chutkan suggested in a footnote that the Justice Department may have misrepresented the extent of DOGE’s power over personnel issues.

The New York Times reported that “The I.R.S. is preparing to give Gavin Kliger, a young software engineer working with [DOGE], access to sensitive taxpayer information as a senior adviser to the I.R.S.’s acting commissioner. The I.R.S. is still working out the terms of his assignment.”

Restrictions on DOGE’s Access to Treasury Department Materials

Judge Chutkan took action to prevent DOGE from accessing materials from the U.S. Treasury Department, emphasizing accountability in legal proceedings.

“Defense counsel is reminded of their duty to make truthful representations to the court,” Chutkan wrote.

Musk’s DOGE has been aggressively implementing personnel changes at federal agencies to reduce government spending, which has sparked multiple legal challenges.

Allegations of Judge-Shopping and Political Motivations

Chutkan, an Obama appointee, has been at the center of several legal battles involving former President Donald Trump. Some observers claim that Democratic activists engaged in "judge-shopping" to ensure the case was assigned to Chutkan.

Judge-shopping refers to the practice of filing cases in jurisdictions where plaintiffs believe judges may be more sympathetic to their claims.

Both liberal and conservative legal teams have been accused of employing this tactic to secure favorable rulings. And all of Trump’s litigation except for Florida has been handled by judges that were allegedly “Judge-shopped.”  

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Democratic-Led States Seek to Block DOGE audits

The Democratic-led states aim to prevent DOGE personnel from accessing sensitive data at multiple federal agencies, including:

• Office of Personnel Management
• Department of Education
• Department of Labor
• Department of Health and Human Services
• Department of Energy
• Department of Transportation
• Department of Commerce

Concerns over DOGE’s role in dismantling portions of the federal bureaucracy have prompted the states to seek urgent judicial intervention.

Justice Department Defends DOGE’s Legitimacy

During a hearing, Harry Graver, a lawyer for the Justice Department, defended DOGE’s legitimacy, stating that there are “very clear paper trails” for all its actions and no direct orders issued by Musk.

“Nowhere have my friends offered a shroud to show that Elon Musk has any formal or actual authority to make any government decision,” Graver said.

“I think you stretch too far,” Chutkan interjected. “I disagree with you there.”

Following the hearing, the Justice Department submitted a sworn declaration clarifying that Musk is not a DOGE employee but serves as a senior adviser to the president at the White House.

Concerns Over Mass Firings and DOGE’s Expanding Influence

Judge Chutkan also questioned the government about reports indicating thousands of federal employees had been fired across multiple agencies. A Justice Department lawyer stated that he could not confirm the accuracy of these reports.

This case is one of many lawsuits challenging DOGE’s structure and its ability to access federal systems. Legal battles continue as opponents seek to curb DOGE’s influence over multiple government agencies.

Another federal judge on Monday declined to block DOGE from accessing student borrower data at the Department of Education.

Similarly, on Friday night, a judge rejected a request from labor unions to prevent the DOGE audits from accessing information at two federal departments and the Consumer Financial Protection Bureau, which the administration has targeted for restructuring.

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