Judge Tanya Chutkan, an Obama appointee, held a hearing on Monday morning after 14 Democrat state attorneys general sued Trump and DOGE and claimed Elon Musk is operating with unchecked power since he is not Senate-confirmed.
Chutkan declined to immediately issue an order on Monday; however, she said she would try to rule within 24 hours.
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.
In a strange twist, the exact 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.
On Monday morning, Judge Chutkan told lawyers for the plaintiffs that she can’t issue an emergency restraining order based on news reports.
The judge once again reiterated that the plaintiffs’ request to stop DOGE and Musk was just too broad.
Chutkan asked DOJ lawyers for details on its plans for mass firings and said she would try to rule within 24 hours.
4/ Plaintiffs: We are confident we have evidence necessary to get TRO. Judge: Lots of news reports out there. Court can’t act based of news reports–they can’t find basis for TRO. Plaintiffs: I can point to what has already happen. Absolutely narrowing request. Our concern is how…
— Margot Cleveland (@ProfMJCleveland) February 17, 2025
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