How Elon Musk and DOGE’s temporary win from Judge Chutkan could turn into a loss

Elon Musk and his Department of Government Efficiency won a court ruling on Tuesday that might not leave them celebrating for long.

The decision from U.S. District Judge Tanya Chutkan — the same judge who presided over Donald Trump’s ill-fated federal election interference case — declined to issue a temporary restraining order against Musk and DOGE.

But she credited the underlying claim from the states that brought the lawsuit in a way that suggests they could ultimately prevail — or at least, they could prevail in front of her at the trial court level (saying nothing of what might happen on any appeal).

The states argued that Musk’s actions have violated the Constitution’s appointments clause because he’s not a Senate-confirmed officer and that Musk and DOGE lack statutory authority for their actions, including in gaining access to “sensitive data, information,…more

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