A federal appeals court has temporarily halted a Washington judge’s order that would have required Elon Musk and his Department of Government Efficiency (DOGE) to comply with evidence demands from Democratic state officials who accuse him of wielding unconstitutional power across the U.S. government.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued the ruling Wednesday, stating that the lower court should first decide on the government’s motion to dismiss the case before considering whether Musk and DOGE must provide records and responses. As a result, U.S. District Judge Tanya Chutkan has postponed a scheduled hearing.
The ruling does not determine whether Musk and DOGE will ultimately have to turn over evidence or respond to inquiries about their role in dismantling federal agencies, reducing government staff, and cutting program funding. The panel did not address Justice Department arguments that Chutkan’s order violated separation of powers principles.
Chutkan had previously allowed Democratic state attorneys general to seek documents and written answers regarding DOGE’s impact on the 14 states that sued. However, she denied their request to depose DOGE officials and made clear that the evidence requests did not apply to Trump.
The appeals court’s order came from Judges Patricia Millett, a nominee of Barack Obama; Karen LeCraft Henderson, appointed under George H.W. Bush; and Justin Walker, a Trump appointee. No dissents were recorded. The panel requested notification once Chutkan rules on the government’s motion to dismiss.
The case is New Mexico v. Musk, 25-5072, U.S. Court of Appeals for the D.C. Circuit.
