A federal judge on Tuesday said the Department of Government Efficiency (DOGE) likely violated the Constitution when it shut down USAID.
Theodore Chuang, an Obama appointee, ordered Elon Musk and DOGE to reinstate all of USAID’s functionality.
The lawsuit was brought by current and former USAID workers.
In the first few weeks of Trump’s second term, thousands of USAID workers were laid off and programs were shut down.
Activist judges have stopped the Trump administration’s effort to dismantle the agency.
On Tuesday, Judge Chuang said DOGE’s decision to shut down USAID violated the Constitution’s Appointments Clause and the Separation of Powers.
The plaintiffs argued that Elon Musk is operating with unchecked power since he is not Senate-confirmed — and that since Elon Musk is not Senate-confirmed, he should be barred from issuing orders to anyone inside of the executive branch.
The judge also barred DOGE from any further actions related to USAID’s closure.
“For the foregoing reasons, the Court finds that Defendants’ action s taken to shut down USAID on an accelerated basis, including its apparent decision to permanently close USAID headquarters without the approval of a duly appointed USAID Officer, likely violate the United States Constitution in multiple ways, and that these actions harmed not only Plaintiffs, but also the public interest, because they deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how close down an agency created by Congress,” the Judge wrote in a *68-page* <storage.courtlistener.com/recap/gov.uscourts.mdd.576293/gov.uscourts.mdd.576293.73.0.pdf> ruling.
Theodore Chuang, an Obama appointee, ordered Elon Musk and DOGE to reinstate all of USAID’s functionality.
The lawsuit was brought by current and former USAID workers.
In the first few weeks of Trump’s second term, thousands of USAID workers were laid off and programs were shut down.
Activist judges have stopped the Trump administration’s effort to dismantle the agency.
On Tuesday, Judge Chuang said DOGE’s decision to shut down USAID violated the Constitution’s Appointments Clause and the Separation of Powers.
The plaintiffs argued that Elon Musk is operating with unchecked power since he is not Senate-confirmed — and that since Elon Musk is not Senate-confirmed, he should be barred from issuing orders to anyone inside of the executive branch.
The judge also barred DOGE from any further actions related to USAID’s closure.
“For the foregoing reasons, the Court finds that Defendants’ action s taken to shut down USAID on an accelerated basis, including its apparent decision to permanently close USAID headquarters without the approval of a duly appointed USAID Officer, likely violate the United States Constitution in multiple ways, and that these actions harmed not only Plaintiffs, but also the public interest, because they deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how close down an agency created by Congress,” the Judge wrote in a *68-page* <storage.courtlistener.com/recap/gov.uscourts.mdd.576293/gov.uscourts.mdd.576293.73.0.pdf> ruling.
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