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Musk Faces Huge Setback as Judge Rules DOGE Likely Violated the Constitution

A federal judge also rejected the Trump administration’s argument that Musk wasn’t behind DOGE’s actions.

Elon Musk and the Department of Government Efficiency (DOGE) likely violated the Constitution when they shuttered the U.S. Agency for International Development, a federal judge found on Tuesday.

In his ruling, District Judge Theodore Chuang wrote that Musk and DOGE likely exercised unconstitutional authority “in multiple ways” while wiping out the agency. He ordered DOGE to reinstate access to email, payment, and all other electronic systems for all current USAID employees.

He also barred DOGE and Musk from taking any action regarding the humanitarian agency without the express authorization of a USAID official. In February, Musk’s DOGE took a chainsaw to USAID, laying off about 97 percent of its workforce and shutting down its website.

“DOGE has taken numerous actions without any apparent advanced approval by agency leadership,” Chuang wrote.

Musk reacted to the ruling by commenting “Indeed” on an X post by MAGA youth leader Charlie Kirk, who suggested it was a partisan ruling.

Chuang rejected the Trump administration’s argument that Musk is not the DOGE administrator and is just a senior adviser to the president.

“To deny plaintiffs' Appointments Clause claim solely on the basis that, on paper, Musk has no formal legal authority relating to the decisions at issue, even if he is actually exercising significant authority on governmental matters, would open the door to an end-run around the Appointments Clause,” he wrote.

The Constitution’s Appointments Clause requires presidential appointees to be subject to the “advice and consent” of the Senate, except in the case of “inferior” officers.

According to The Hill, this ruling is the first time a judge has determined that Musk is likely exerting enough independent authority to warrant Senate confirmation.

DOGE STRIKES

Musk: I’m Closing Entire Federal Agency Down Right Now

Matt Young

The ruling is a win for a group of 26 current and former USAID employees and contractors who brought the lawsuit challenging Musk and DOGE’s efforts to shut the agency down.

Norm Eisen, the executive chair of the State Democracy Defenders Fund, which brought the case on behalf of the workers, told CBS the ruling is an “important victory” against Musk and DOGE.

“They are performing surgery with a chainsaw instead of a scalpel, harming not just the people USAID serves but also the majority of Americans who count on the stability of our government,” he said in a statement. “This case is a milestone in pushing back on Musk and DOGE’s illegality.”

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