DOGE-Related Dismantling of USAID Likely Violated Constitution: Judge

A federal judge stated on March 18 that Elon Musk and his Department of Government Efficiency (DOGE) team likely violated the U.S. Constitution by attempting to dismantle the U.S. Agency for International Development (USAID).

Closing the USAID headquarters, laying off the majority of its workforce, and terminating most of its contracts breached the separation of powers outlined in the Constitution, according to U.S. District Judge Theodore Chuang. In his opinion, Chuang noted that Congress had established specific requirements for significant actions related to USAID, and Musk and other officials failed to comply with these requirements.

Government officials had contended that dismantling USAID fell within the president’s authority to conduct foreign affairs. However, Chuang disagreed, stating that the actions in question “relate largely to the structure of and resources made available to a federal agency, not to the direct conduct of foreign policy or engagement with foreign governments.”

The judge also found that Musk exercised significant authority without being confirmed to a high-level position by the U.S. Senate, violating the Constitution’s Appointments Clause.

Chuang ordered Musk and DOGE to restore access for USAID workers and contractors to the agency’s systems and prohibited further actions related to placing employees on leave, firing workers, or terminating contracts.

The White House has not yet responded to a request for comment.