On February 13, New Mexico Attorney General Raúl Torrez (below) met with Michigan Attorney General Dana Nessel and Arizona AG Kris Mayes to discuss a new lawsuit filed by 14 states against Elon Musk, DOGE, and President Trump. A federal judge denied the requested temporary restraining order on February 18.
A federal judge on Tuesday denied New Mexico’s and 13 other states’ request for a temporary restraining order against Elon Musk’s Department of Government Efficiency and President Donald Trump.
The lawsuit was announced on February 13 by New Mexico Attorney General Raúl Torrez, Arizona Attorney General Kris Mayes, and Michigan Attorney General Dana Nessel.
The lawsuit claimed that DOGE’s actions, such as the recent cancellation of millions of dollars in contracts through the United States Department of Education, violated the Constitution’s separation of powers and the Appointments Clause, specifically the provision requiring congressional oversight of executive appointments.
In her decision, U.S. District Judge Tanya Chutkan stated that the plaintiffs did not demonstrate that “they will suffer imminent, irreparable harm” if a temporary restraining order was denied. Plaintiffs narrowed their injunction request to prevent Musk and DOGE from accessing, copying, or transferring data systems in the Office of Personnel Management, Departments of Education, Labor, Health and Human Services, Energy, Transportation, and Commerce, as well as terminating or putting employees on leave.
Chutkan denies the request, stating that, while the plaintiffs do not demonstrate irreparable harm, they “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.”
In that context, she continued, “it must be indisputable that this court acts within the scope of its authority. As a result, it cannot issue a TRO, particularly one as broad as Plaintiffs’ request, without clear evidence of imminent, irreparable harm to these Plaintiffs. “The current record does not meet that standard.”
New Mexico Attorney General Raúl Torrez stated, “We are disappointed that the court declined to issue a temporary restraining order, but we remain committed to putting an end to Elon Musk’s unlawful power grab.”
Every day Musk is allowed to operate without a congressional mandate and with little visible oversight, he destabilizes our government and disrupts critical funding for education, public health, and national security.
His move-fast-and-break-things mentality is not only reckless, but also unconstitutional, and we are willing to pursue this case for as long as it takes to end the chaos.”
