Judge Chuang: USAID Dismantling by DOGE Likely Unconstitutional

Judge Chuang: USAID Dismantling by DOGE Likely Unconstitutional

United States District Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland ruled on 18 March 2025 in favor of a group of more than two dozen unnamed current and former employees and contractors of the U.S. Agency for International Development or USAID. The group filed a lawsuit in mid-February 2025 to challenge the efforts of the Department of Government Efficiency or DOGE, under the supposed direction of Elon Musk, to shut down the civilian foreign aid and development assistance agency. This marked another legal blow to the series of controversial executive orders of the Trump administration.

Brief Explainer: Federal Judge Blocked the Attempt of the Department of Government Efficiency to Dismantle the U.S. Agency for International Development and Declared Such Efforts Likely in Violation of the Constitution

Background

Judge Theodore specifically issued a preliminary injunction. This means that it is ordering DOGE to stop its ongoing efforts at USAID until the case is fully resolved. Such a decision often stems from the risk of irreparable harm, a high likelihood of plaintiffs winning the case, or an attempt to protect and promote public interest.

The controversial DOGE, under the direction of Musk, initiated a series of actions to dismantle USAID. These include disabling its digital properties like website and social media accounts, terminating employees and contractors, restricting the access of terminated individuals, and abruptly halting ongoing overseas programs.

Furthermore, on 10 February 2025, the Trump administration revoked the lease of the agency on its headquarters, thus effectively evicting it from the premises. Musk alleged corruption and argued that shutting down the agency is aligned with the broader agenda to reduce government spending and reevaluate foreign aid commitments.

Court Ruling

A group of 26 current and former USAID employees and contractors filed a lawsuit against DOGE before the District Court of Maryland. Judge Theodore presided over the case. He then ruled that the shutdown of the agency likely violated the Appointment Clause and the separation of powers principle of the U.S. Constitution.

The Appointment Clause mandates that principal federal officers be appointed by the President and confirmed by the Senate. The court found that Musk, acting without such confirmation, exercised significant authority over DOGE and by extension, USAUD, effectively making decisions reserved for duly appointed officials.

Moreover, under the separation of powers principles, which ensures that the legislative, executive, and judicial branches maintain distinct and independent powers, Judge Chuang noted that the unilateral action of DOGE to dismantle USAID encroached upon legislative powers since only the U.S. Congress can abolish a federal agency it created.

Reactions

Judge Theodore used the aforesaid rationalization to instruct the immediate reinstatement of email and computer systems for all current USAID employees and contractors. His ruling also halted any further attempts by DOGE and Musk to dismantle the agency without explicit authorization from a legally appointed agency official.

The White House criticized the ruling, with spokesperson Anna Kelly describing federal judges as “rogue” and accusing them of subverting the agenda of the administration. The administration also signaled its intention to appeal the case. The White House further called on the Supreme Court to address judges obstructing executive policies.

It is worth noting that the second Trump administration has an ongoing and expanding conflict with the judiciary branch of the federal government. The administration has adopted a move-fast strategy which involves executing orders or directives quickly before legal challenges can catch up. It has also defied several court orders.

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