Judge orders DOGE to halt the dismantling of USAID, says it is a violation of constitution

A federal judge ordered the DOGE (Department of Government Efficiency) to pause its efforts to shut the U.S. Agency for International Development, stating that the move was likely unconstitutional. 

In a written order from Maryland, Judge Theodore D. Chuang said DOGE must halt all plans to close the 10,000-person agency and restore electronic access for employees and contractors who had been locked out.

His ruling came in response to a lawsuit filed by more than two dozen USAID employees and contractors. They argued that DOGE’s measures to terminate or place much of the agency’s workforce on leave lacked proper legal authority, as USAID is typically under congressional oversight. The lawsuit also alleged that Musk and his colleagues were not properly appointed yet functioned as de facto leaders.

The administration’s lawyers said that Musk is merely an adviser whose recommendations carry no binding legal effect. However, the judge pointed to Musk’s extensive role, saying he acted as DOGE’s chief decision-maker without the Senate’s approval. That, according to the order, appears to violate the Appointments Clause of the U.S. Constitution. 

Chuang, who was appointed under President Barack Obama’s term, said, “If a President could escape Appointments Clause scrutiny by having advisors go beyond the traditional role of White House advisors who communicate the President’s priorities to agency heads and instead exercise significant authority throughout the federal government so as to bypass duly appointed Officers, the Appointments Clause would be reduced to nothing more than a technical formality.”

USAID saw its headquarters closed, its name removed from the building, and most of its employees placed on paid leave. Staff stationed abroad were told to return home within a month. Numerous nonprofits and partner groups that depended on collaboration with USAID were left in limbo, unsure of how to continue crucial international development projects.

Judge Chuang said DOGE bypassing usual channels poses security concerns

According to Chuang’s ruling, the dismantling not only bypassed the usual channels of authority but also posed serious security concerns. The order indicated that DOGE members displayed “an extremely troubling lack of respect for security clearance requirements” and had full access to sensitive personal information. Chuang further stated that the White House likely overstepped its authority by attempting to unravel USAID without consulting Congress, which traditionally oversees foreign aid policies.

Lawyers for the administration argued that the president and the executive branch can control the direction of U.S. foreign relations. According to their position, that power extends to dismantling foreign aid agencies if the White House determines they no longer serve the national interest. White House deputy press secretary Anna Kelly called the ruling a “miscarriage of justice” and mentioned that the government would appeal this decision. 

In her statement, she criticized what she called rogue judges “subverting the will of the American people” and insisted that President Trump would keep pursuing his agenda.

It wasn’t the only recent courtroom defeat for the Trump administration

U.S. District Judge Tanya Chutkan separately blocked the Environmental Protection Agency from terminating Biden administration climate grants intended for clean-energy projects. Chutkan concluded that government lawyers did not offer sufficient proof of wrongdoing and labeled their claims “vague and insufficient.”

A few hours before Judge Chuang’s order, U.S. Supreme Court Chief Justice John Roberts issued a public statement related to President Trump’s calls for the removal of a different federal judge who had ruled against the administration. 

Chief Justice Roberts defended the integrity of the judiciary in general and insisted that judges are neither “Trump judges” nor “Obama judges.”

Norm Eisen, executive chair of the State Democracy Defenders Fund, one of the organizations representing the plaintiffs in the USAID case, praised Chuang’s decision as “a milestone in pushing back on Musk and DOGE’s illegality.” 

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