WASHINGTON

A federal judge on Tuesday declined to temporarily restrict Elon Musk and his Department of Government Efficiency (DOGE) from accessing federal data systems at several executive branch agencies, dealing a setback to a coalition of Democratic state attorneys general challenging his role in the Trump administration.

US District Judge Tanya Chutkan denied the request for a temporary restraining order, citing no “imminent, irreparable harm” but acknowledged concerns over Musk’s authority without Senate confirmation.

“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,” Chutkan wrote in her ruling.

She noted that if the allegations about Musk's power are true, his actions are "precisely the 'Executive abuses' that the Appointments Clause seeks to prevent."

"Musk has rapidly taken steps to fundamentally reshape the Executive Branch," Chutkan wrote. "Even Defendants concede there is no apparent 'source of legal authority granting (DOGE) the power' to take some of the actions challenged here."

Last week, 14 Democratic-led states spearheaded by New Mexico filed a federal lawsuit arguing that Musk's broad authority violates the US Constitution’s Appointments Clause, which requires "principal officers" of the government to be nominated by the president and confirmed by the Senate.