A federal judge ruled Tuesday that Elon Musk and the Department of Government Efficiency likely violated the Constitution with its massive cuts to the U.S. Agency for International Development.
A group of USAID employees filed a lawsuit to challenge the shuttering of much of USAID’s operation. The suit argues that Musk’s appointment violated the appointments clause to the Constitution and also separation of powers because the agencies were created by Congress.
The suit asked for a preliminary injunction, which was partially granted by the judge, who said the Musk operation “likely violated the United States Constitution.”
“For the foregoing reasons, the Court finds that Defendants’ actions taken to shut down USAID on an accelerated basis, including its apparent decision to permanently close USAID headquarters without the approval of a duly appointed USAID Officer, likely violated the United States Constitution in multiple ways, and that these actions harmed not only Plaintiffs, but also the public interest, because they deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how to close down an agency created by Congress,” U.S. District Judge Theodore Chuang wrote in his order.
USAID has experienced massive layoffs, and Secretary of State Marco Rubio said 83% of USAID contracts would be cancelled.
USAID.gov currently has a message demonstrating the scale of the changes at the agency.
“As of 11:59 p.m. EST on Sunday, February 23, 2025, all USAID direct hire personnel, with the exception of designated personnel responsible for mission-critical functions, core leadership and/or specially designated programs, will be placed on administrative leave globally,” the site reads.
The previous website appears to be gone and simply links to the USAID Inspector General’s website. USAID came under scrutiny after DOGE discovered a litany of controversial and widely mocked spending projects.
However, defenders of the agency pointed to its humanitarian work around the globe and raised questions about the legality of the changes without new legislation from Congress.
The federal ruling is the latest in a string of orders pushing back on President Donald Trump’s aggressive cutting of the federal government.
