Judge Chutkan challenges Musk’s 'unchecked authority' as an 'unelected individual'

18 February

A short-term loss by Democratic state attorneys general may turn into a long-term win, according to a recent ruling by U.S. District Judge Tanya Chutkan.

On Tuesday, Politico legal correspondent Kyle Cheney tweeted that Chutkan refused to grant the plaintiffs — which included attorneys general from 14 states — the temporary restraining order (TRO) that they requested in the suit. However, she left the door open for an injunction in the future if plaintiffs returned to court and altered their request for relief.

Chutkan acknowledged in the 10-page ruling that centabillionaire Elon Musk's "Department of Government Efficiency," or DOGE (which is not yet a Congressionally authorized federal agency) have created "considerable uncertainty and confusion for Plaintiffs and many of their agencies and residents," and called its actions "unpredictable." But she sided against the attorneys general, saying the "possibility" of harm was "not enough" for a TRO.

"It remains 'uncertain' when and how the catalog of programs that Plaintiffs identify will suffer," Chutkan wrote. "That said, Plaintiffs raise a colorable Appointments Clause claim with serious implications. Musk has not been nominated by the President nor confirmed by the U.S. Senate, as constitutionally required for officers who exercise 'significant authority pursuant to the laws of the United States.'"

The "Appointments Clause" Chutkan referenced is in Article II, Section 2 of the U.S. Constitution, which grants a president "Power, with Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other officers of the United States." Because Musk is classified as a "special government employee" who was never appointed to an official role and confirmed by the Senate, Chutkan suggested that the South African billionaire may be challenged in other ways that could prove fruitful for plaintiffs.

"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," she wrote. "In these circumstances, it must be indisputable that this Court acts within the bounds of its authority."

Musk's DOGE employees recently gained access to millions of Americans' sensitive data from both the Internal Revenue Service and the Social Security Administration (SSA). Acting SSA administrator Michelle King — who President Donald Trump appointed to the role on the first day of his second term — resigned over the weekend after refusing to hand over data to DOGE.

Click here to read Chutkan's ruling in full.

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