In a recent ruling, DC District Court Judge Tanya Chutkan denied a request for a temporary restraining order against Elon Musk and the Department of Government Efficiency (DOGE) concerning data access from seven federal agencies. The judge expressed concern over the constitutional implications of Musk's involvement as he lacks formal appointment or confirmation, aligning with the Appointments Clause. Despite denying the TRO based on the plaintiffs' inability to demonstrate irreparable harm, she acknowledged serious issues regarding executive authority and the potential for abuses.
Chutkan acknowledges the AGs' claims, noting Musk's lack of Senate confirmation raises serious constitutional concerns regarding separation of powers and executive authority.
The AGs argue Musk's access to government data and workforce trimming may contravene lawful appointment protocols, raising alarms about potential executive abuses under the Appointments Clause.
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