A federal judge rejected an emergency request from Democrat-led states Tuesday to hamper cost-cutting efforts by Elon Musk and the Department of Government Efficiency (DOGE).
Washington, DC, US District Judge Tanya Chutkan denied the petition by 14 Democratic states to issue 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.
Washington, DC, US District Judge Tanya Chutkan denied a bid to stop DOGE from accessing federal data and laying off federal employees. AFP via Getty Images“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 said that the plaintiffs, led by New Mexico, had not met the “high standard for irreparable injury.”
She noted that much of the claims from the blue states relied on media reports about what “financial” or “programmatic” harm “may” be suffered should DOGE continue putting agencies like USAID through a “woodchipper,” as Musk once said in reference to the US Agency for International Development (USAID).
Other DOGE acts cited by the states include cancelling federal contracts, firing employees or even “accessing sensitive and confidential agency data” — though the White House has since pushed back that these actions were not taken by Musk or his team but, rather, agency staff.
“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].”
Musk has been taking and axe to federal programs with DOGE. AFP via Getty ImagesTop 10 Federal Agencies in DOGE cost savings:
- Dept. of Homeland Security – $8,164,242,813
- Agency for International Development – $ $6,541,505,466
- Dept. of Education – $1,093,628,949
- General Services Administration – $197,423,082
- Dept. of Agriculture – $ $173,077,305
- Dept. of Health and Human Services – $ $155,126,548
- Dept. of Commerce – $ $119,337,295
- Environmental Protection Agency – $45,624,626
- Office of Personnel Management – $27,659,209
- Dept. of Housing and Urban Development – $25,049,711
*Numbers calculated by The Post based on savings from contract and real estate cancellations provided on DOGE’s website
Chutkan, who previously oversaw the now-dismissed federal 2020 election interference case against President Trump, asked the Democratic AGs to file a proposed briefing schedule by 5:00 p.m. Wednesday if they intend to move for a preliminary injunction.
New Mexico Attorney General Raúl Torrez indicated that he will continue to pursue litigation 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.
Chutkan said the plaintiffs did not meet the “high standard for irreparable injury.” AP Photo/Mark Schiefelbein“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.”
DOGE has moved quickly since Trump’s inauguration to embed staffers – whom the president has described as “super-geniuses” – at several federal agencies in an effort to root out waste, fraud and abuse.
Musk, the richest person in the world, has said his goal is to slash $2 trillion in federal spending under the initiative.
People protesting Musk and DOGE in New York on Feb. 14, 2025. Matthew McDermottThe billionaire SpaceX and Tesla founder is not officially a federal employee but still oversees DOGE’s operations as a senior adviser to Trump, the White House said in a related court filing this week.
On X, DOGE regularly posts updates about jaw-dropping sums of taxpayer money it claims to have stopped from being disbursed or discovered earmarked for now-unecessary expenses.
The Democratic-led lawsuit against Musk and DOGE was specifically related to the initiative’s moves in 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.
Since the lawsuit was filed, DOGE has set its sights on the Social Security Administration and Trump has asked the team of cost-cutters to look into the Pentagon’s budget as well.
This is a developing story. Please check back for updates.
