Authored by Tom Ozimek via The Epoch Times,
A federal appeals court has temporarily halted a discovery order issued by U.S. District Judge Tanya Chutkan that demanded Elon Musk and the Department of Government Efficiency (DOGE) to provide documents and answer questions regarding their involvement in advising cuts within certain areas of the federal government.
On March 26, the U.S. Court of Appeals for the D.C. Circuit granted an emergency stay of Chutkan’s March 12 order, which had initially granted limited, expedited discovery to a group of 13 Democratic-led states, mandating Musk and DOGE to submit documents and respond to inquiries within 21 days.
The appeals court determined that Musk and DOGE had met the strict criteria for a stay and demonstrated that they are likely to succeed in their argument that the lower court must address their motion to dismiss before proceeding with discovery.
“In particular, petitioners have shown a likelihood of success on their argument that the district court was required to decide their motion to dismiss before allowing discovery,” the three-judge panel stated in its ruling.
After the appellate court’s ruling, Chutkan issued a minute order acknowledging the decision and canceled a status hearing set for March 27.
The lawsuit, filed by New Mexico and a coalition of 12 Democratic-led states, challenges the legality of DOGE’s extensive cost-cutting measures, which have included the discontinuation of federal grants and mass layoffs of government employees in positions identified as unnecessary by DOGE.
In their original complaint, the plaintiffs alleged that Musk is effectively overseeing DOGE without Senate confirmation, purportedly violating the Constitution’s Appointments Clause.
“Oblivious to the threat this poses to the nation, President Trump has delegated virtually unchecked authority to Mr. Musk without proper legal authorization from Congress and without meaningful supervision of his activities,” the plaintiffs claim.
“As a result, he has transformed a minor position that was formerly responsible for managing government websites into a designated agent of chaos without limitation and in violation of the separation of powers.”
In a subsequent motion for a temporary restraining order against Musk and DOGE, the states further accused Musk of unlawfully wielding extensive executive power without Senate confirmation, instructing federal agencies to dismiss employees, terminate contracts, dismantle programs, and access sensitive government information.
In response, government attorneys urged the court to reject the emergency motion, arguing that the states had not demonstrated any imminent or irreversible harm. They contended that the restraining order requested was overly broad, lacking legal foundation, and unrelated to the core constitutional claims made by the plaintiffs. Even if Musk’s appointment was improper, they argued, sharing data with him or others at DOGE does not, by itself, constitute an illegal exercise of government power. They also stated that Musk cannot act without the president’s approval.
Chutkan partially sided with the Democratic-led states on March 12, ordering Musk, DOGE, and related entities to provide documents related to the termination of federal employees and modifications to government databases. She also mandated that DOGE identify all individuals who have led or worked at the agency since President Donald Trump’s inauguration, and list all agencies where DOGE or Musk terminated contracts, cut grants, or laid off employees.
Both Trump and Musk have stated that DOGE has been assisting various agencies in laying off or offering buyouts to tens of thousands of federal workers since Trump resumed office on January 20, 2025.
As a special government employee, Musk has been assigned by Trump to lead DOGE in fulfilling his promise of reducing waste, streamlining federal operations, and eliminating bureaucratic obstacles.
The DOGE team has swiftly audited and pursued reforms across federal agencies. It recently reported $130 billion in savings through terminated grants, asset sales, workforce reductions, and canceled contracts and leases.
Critics of DOGE have raised concerns about security and oversight issues stemming from its activities, leading to several lawsuits challenging its operations.
Musk recently disclosed that the DOGE team receives death threats on a daily basis.
“The DOGE team is facing death threats every single day,” Musk stated during a White House cabinet meeting on March 24. “They are working to do what is best for the American taxpayer and the American people.”
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