U.S. District Judge Tanya Chutkan in Washington, D.C., heard arguments on Monday, the Presidents Day holiday when federal courts are closed, to consider an emergency request by 13 Democratic state attorneys general seeking to block Musk and DOGE from accessing government systems and firing employees at seven agencies.
The states argued their ability to carry out educational and other programs were at risk. They accused Musk s team of using data gleaned from agency systems to dismantle initiatives and direct mass firings.
"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. She expressed doubt that the states had met the legal standard for imminent harm required for a temporary restraining order, or TRO.
"It is kind of a like a prophylactic TRO and that’s not allowed," she said of the states request.
The state attorneys general that brought the case want to bar Musk s DOGE, or Department of Government Efficiency, team from accessing information systems at the departments of Labor, Education, Health and Human Services, Energy, Transportation, Commerce, and the Office of Personnel Management.
DOGE has swept through federal agencies slashing thousands of jobs and dismantling federal programs since Trump became president last month and put Musk in charge of rooting out wasteful spending as part of Trump s dramatic overhaul of government.
A government attorney told Chutkan he had not been able to confirm mass government layoffs took place on Friday.
"The firing of thousands of federal employees is not a small or common thing. You haven t been able to confirm that?" she asked. The DOJ attorney said he would update the court with a letter by the end of Monday.
The states argue that Musk wields the kind of power that can only be exercised by an officer of the government who has been nominated by the president and confirmed by the U.S. Senate under the Appointments Clause of the U.S. Constitution. The states also allege DOGE has not been authorized by Congress.
Around 20 lawsuits have been filed in various federal courts challenging Musk s authority, which have led to differing results.
U.S. District Judge Jeannette Vargas in New York extended a temporary block on DOGE on Friday that prevented Musk s team from accessing Treasury systems responsible for trillions of dollars of payments.
But also on Friday, U.S. District Judge John Bates in Washington declined a request by unions and nonprofits to temporarily block Musk s team from accessing records at the departments of Labor, and Health and Human Services, as well as the Consumer Financial Protection Bureau.
