A federal judge dealt a major blow to the Trump administration’s war on bureaucracy Tuesday, ruling that Elon Musk and the White House’s Department of Government Efficiency likely violated the Constitution by unilaterally shutting down the U.S. Agency for International Development.
In a scathing 68-page decision, U.S. District Judge Theodore Chuang, an appointee of former President Barack Obama, sided with more than two dozen current and former USAID employees and contractors who sued to block the agency’s abrupt dismantling. “The Constitution’s Appointments Clause and separation of powers stand as a bulwark against precisely this kind of unilateral executive action,” Chuang wrote.
Chuang argued Trump’s claimed authority to dismantle the agency could have grave impacts on the structure of the executive branch, claiming that “under Defendants’ theory, the President would have unilateral control over all aspects of the State Department and could even abolish it as a matter of foreign policy power.”
The judge found that Musk is likely exercising enough independent authority to require him to be confirmed by the Senate under the Constitution’s appointments clause.
“The record of his activities to date establishes that his role has been and will continue to be as the leader of DOGE, with the same duties and degree of continuity as if he was formally in that position,’” the judge wrote.
As of now, Musk is a “special government employee” serving as senior adviser to Trump. The status allows him to work in the government for up to 130 days, meaning it expires on May 30.
The judge granted a preliminary injunction, ordering Musk, whom Trump has described as the leader of his administration’s efficiency task force, to restore USAID’s access to email, payments, and other key systems immediately.
The ruling reverses the Trump administration’s efforts to shutter USAID, preventing Musk and DOGE from placing employees on administrative leave, terminating workers, closing offices, or erasing government records.
It’s a major legal setback for Trump and Musk’s efforts to slash federal agencies, an effort that has already drawn lawsuits over Trump’s establishment of Schedule F, a plan to gut the civil service.
RUBIO CANCELS 83% OF USAID CONTRACTS AFTER SIX-WEEK REVIEW
Indeed https://t.co/kyL3woTfEn
— Elon Musk (@elonmusk) March 18, 2025
In response to the decision, political commentator Charlie Kirk wrote on X, “In case it wasn’t explicit enough that the only two clauses of the left’s constitution were ‘thou shalt have open borders’ and ‘All American money will be sent abroad,’” referencing a recent series of rulings in which Trump’s agenda had been stymied by judges.
Musk posted in response to Kirk, writing, “Indeed.”