Judge Halts Elon Musk's Attempt to Close U.S. Agency, Citing Constitutional Violations

Efforts led by Elon Musk to permanently shut down the United States Agency for International Development (U.S.A.I.D.) have likely breached the Constitution “in multiple ways” and undermined Congress’s authority over an agency it created, according to a federal judge’s decision on Tuesday. In a significant ruling, Judge Theodore D. Chuang from the U.S. District Court for the District of Maryland took a stand to curb Mr. Musk and his Department of Government Efficiency. The judge noted that Musk acted as an officer of the United States without proper appointment by President Trump, in violation of the Constitution’s appointments clause. Judge Chuang found merit in the lawsuit filed by a group of anonymous aid workers aiming to prevent the dismantling of U.S.A.I.D. and its programs. He ordered the partial restoration of the agency’s operations, though this temporary relief might not last long. The judgment compelled Musk’s team to restore email access to all current U.S.A.I.D. employees, even those on paid leave, and to devise a plan for their return to a federal office from which they were recently removed. Additionally, Musk’s team was prohibited from further activities “related to the shutdown of U.S.A.I.D.” Despite these measures, the immediate implications of the ruling remain uncertain, as much of the agency’s workforce and contracts have already been cut, leaving only a skeleton staff. While the ruling limits Musk’s direct interference, it leaves room for actions authorized “by a U.S.A.I.D. official with legal authority.”

In early February, Secretary of State Marco Rubio announced his control over the agency and initiated various cuts under his jurisdiction. The judge noted that Rubio could declare his intention to permanently shutter the agency’s headquarters within 14 days of the order, during which the offices would remain closed. However, the ruling served as a clear repudiation of Musk’s unauthorized takeover of the agency. Judge Chuang’s strict warning emphasized that any breaches of the order could lead to contempt charges against Musk or his team members.

Government attorneys previously asserted that the Department of Government Efficiency, also known as the U.S. DOGE Service, was not under Musk’s leadership and functioned only in an advisory role. They contended that Musk lacked the power to make decisions independently. Yet, Judge Chuang dismissed these claims, pointing to Musk’s direct involvement in significantly scaling down U.S.A.I.D., including the massive layoffs and cancellation of about 90% of its contracts and grants. “DOGE has taken numerous actions without apparent advanced approval by agency leadership,” the judge stated, listing similar instances at the Education Department, the National Institutes of Health, and the Energy Department where Musk’s associates proposed independent cuts. “Taken together, these facts support the conclusion that U.S.A.I.D. has effectively been eliminated,” he concluded.