Federal District Judge Tanya Chutkan, in a seeming reversal, is now expressing some skepticism about efforts to block Elon Musk’s Department of Government Efficiency (DOGE) from accessing the government data it would need to carry out its task of finding wasteful spending. The Judge is expected to issue a ruling within the next 24 hours.

A federal judge expressed skepticism of efforts seeking to bar President Donald Trump’s administration from accessing federal data and firing federal workers when hearing remarks from the bench on Monday. 

Judge Tanya Chutkan has yet to issue a ruling in the case, which relates to billionaire Elon Musk and the Department of Government Efficiency (DOGE) and their efforts to curb government spending. Chutkan says she will rule on the case within 24 hours.

At issue in the case are DOGE’s actions within seven federal agencies, including the Office of Personnel Management, the Department of Education, Department of Labor, The Department of Health and Human Services, Department of Energy, Department of Transportation and the Department of Commerce.

Her skepticism seems to result from the plaintiff’s lawyers’ claim that the DOGE’s efforts could present “imminent harm.”

Chutkan says lawyers for the states have yet to establish that there is imminent harm that could be avoided by restraining DOGE.

“The things that I’m hearing are serious and troubling indeed… But you’re saying these are things that we’re hearing,” she said. “I’m not seeing it so far.”

My colleague Streiff informed us on Saturday that the judge at that time seemed to be leaning in the opposite direction:

Streiff writes:

Federal District Judge Tanya Chutkan is poised to issue a temporary restraining order that would block nearly everyone in the Trump administration from accessing any data produced by any federal agency or dismissing any federal or contract workers. The proposed order comes in response to a suit by 13 states — New Mexico, Arizona, Michigan, California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Vermont, and Washington — claiming “that President Trump has violated the Appointments Clause of the United States Constitution by creating a new federal Department without Congressional approval and by granting Musk sweeping powers over the entire federal government without seeking the advice and consent of the Senate.”

The draft order submitted by the plaintiff blue states to Chutkan, an Obama appointee who many will remember as one of the most vicious, petty, and vindictive of the January 6 judges, is incredibly and unconstitutionally broad as it actually prevents President Trump from carrying out his Article II duties: “The executive Power shall be vested in a President of the United States of America.”

Today’s news would seem to indicate a change of course, one that would hopefully allow the DOGE to get back to business.

No matter the outcome of this case, the complaint will almost certainly be appealed. It is more than likely that, ultimately, the Supreme Court will decide on the case, and, as Streiff so keenly observed, a plain reading of the Constitution would indicate that the Trump administration and the DOGE should ultimately prevail. Still, predictions are hard to make, especially about the future, and we’re on new ground here, politically; not even Cassandra would care to predict this one.

This is a developing story. We will continue to update you as events warrant.