Obama-appointed US District Court Judge Tanya Chutkan has may not block an effort by Democratic attorneys general to stop Elon Musk's DOGE team from accessing federal data.
On Monday, Chutkan said she hoped to rule within 24 hours after hearing arguments earlier in the day.
"The things I’m hearing are troubling indeed, but I have to have a record and findings of fact before I issue something," Chutkan said, expressing doubt that the states had met the legal standard for imminent harm required for her to issue a temporary restraining order (TRO), adding "It’s kind of a like a prophylactic TRO and that’s not allowed."
As USAID-funded Politico notes,
...the judge said granting the temporary restraining order sought as part of a lawsuit brought by Democratic attorneys general required much clearer evidence that DOGE’s actions were causing grave, permanent damage. Instead, she said, states had relied primarily on news reports that speculated about the risks of Musk and DOGE’s actions, some of which she said could potentially be remedied in further litigation.
"The courts can’t act based on media reports. We can’t do that," Chutkan continued.
That said, Chutkan noted that "DOGE appears to be moving in no sort of predictable and orderly fashion and plaintiffs are obviously scrambling to find out what’s next," adding "I don’t know if that’s deliberate or not."
Last week the states sued Elon Musk and President Donald Trump, alleging that the authority granted to the billionaire and his team at DOGE is unconstitutional. The states, including Arizona, Michigan and Rhode Island, have taken aim at efforts to dramatically reduce the size of the federal workforce, including dismantling entire agencies, as well as their access to sensitive data.
"The founders of this country would be outraged that, 250 years after our nation overthrew a king, the people of this country—many of whom have fought and died to protect our freedoms—are now subject to the whims of a single unelected billionaire," said Arizona AG Kris Mayes in a statement reported by NBC News.
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