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Judge Rules Elon Musk Likely Violated Constitution in Shutting Down USAID

admin by admin
March 18, 2025
2 min read
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Judge Rules Elon Musk Likely Violated Constitution in Shutting Down USAID

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A federal judge ruled Tuesday that Elon Musk and the Department of Government Efficiency (DOGE) likely overstepped constitutional authority in dismantling the U.S. Agency for International Development (USAID). U.S. District Judge Theodore Chuang sided with 26 current and former USAID employees, issuing an order to prevent a final shutdown of the agency while legal proceedings continue.

Chuang’s ruling mandates that DOGE restore email and system access for USAID employees and bars DOGE personnel from taking any actions related to the agency without approval from an authorized USAID official. This marks the first time a judge has determined that Musk’s role may require Senate confirmation under the Constitution’s Appointments Clause.

The Trump administration had argued that Musk was merely an adviser to the president, not the head of DOGE. However, Chuang rejected this claim, warning that allowing presidential advisers to exert significant control over federal agencies without formal confirmation would undermine the Appointments Clause.

The leadership of DOGE had been unclear for weeks, with the administration denying Musk’s formal involvement. Under judicial pressure, the White House eventually named Amy Gleason as the interim administrator. Since Trump took office, DOGE has aggressively restructured federal agencies, particularly USAID, where it implemented mass layoffs, froze contractor payments, and conducted contract reviews that resulted in only 500 awards remaining.

The lawsuit, filed by the State Defenders Democracy Fund, argues that Musk and DOGE acted unconstitutionally in shutting down USAID. While similar legal challenges against Musk have been brought by Democratic attorneys general and private organizations, no judge has yet ruled in their favor.

Although Tuesday’s injunction applies only to USAID, Chuang noted Musk’s broader influence across federal agencies, including his involvement in closing the Consumer Financial Protection Bureau (CFPB) headquarters. He highlighted evidence suggesting that Musk and DOGE had taken unilateral actions without authorization from agency officials, raising further constitutional concerns.

 

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