This is CBS, I on the World.

I'm John Batchel.

I welcome my colleagues, Andrew McCarthy National Review Online,

that is, MacArthur American Greatness,

turning our attention to a decision by Judge Tanya Chutkin

about attorney generals from many states associated with the Democratic Party,

Blue State, bringing a lawsuit, temporary restraining order, it was the ambition.

Against Elon Musk, because, and I read from James Freeman's column in the Wall Street Journal,

the states argued that Musk's influential role in the government violates the Constitution's

Appointments Clause, which generally require that powerful officers in the executive branch

are formally appointed by the president and confirmed by the Senate.

Andy, a very good evening to you've written trenchantly about this in the National Review Online.

The Appointments Clause looks to be appropriate, and yet Judge Chutkin has stepped back from issuing a temporary restraining order, I believe, because of the term irreparable harm.

How does that work, Andy?

Good evening to you.

Good evening, John and Thaddeus.

Well, there's two tracks.

One is the merits of the lawsuit and the fundamental claim, as you mentioned, by the 14 Democrat-controlled

states, and this lawsuit is brought by the attorneys general, their essential claim is that

Musk's activities make him an officer of the United States such that he should be nominated by the president and subjected to a Senate confirmation proceeding.

The other possibility with that, John, constitutionally speaking, would be statutory.

In other words, if Congress had created a position by statute and Musk had complied with

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