No authority | Musk's role in USAID shutdown violated constitution, Judge rules

Musk's role in USAID shutdown violated constitution, Judge rules

A federal judge has ruled that efforts by Elon Musk and his team to permanently shut down the US Agency for International Development (USAID) likely violated the US Constitution and undermined Congress's authority.

Judge Theodore D. Chuang of the US District Court for the District of Maryland found that Musk had unlawfully acted as a US officer without proper presidential appointment. The ruling highlighted that the move to dismantle USAID infringed on Congress's oversight powers and violated the Constitution's appointments clause.

Partial restoration of USAID operations

Judge Chuang ordered some USAID operations to resume, instructing Musk's team to reinstate email access for all USAID employees and submit a plan for workers to reoccupy a federal office they were previously evicted from. Additionally, the judge barred Musk's team from taking any further steps to shut down USAID without proper legal authorization.

Although most of its workforce and contracts had already been terminated, the ruling offers temporary relief to the remaining staff. The decision said that Elon Musk and his Department of Government Efficiency (DOGE) team could only engage with USAID matters after receiving explicit authorization from an official with legal authority.

According to https://www.usaidstopwork.com/, the USAID shutdown could eventually result in close to 52,000 job losses domestically and has already resulted in more than 140,000 worldwide.

The site says: “The sudden and unprecedented USAID Stop-Work Order has caught thousands of hard working Americans off guard, stripping them of their jobs without warning—leaving families without income and communities without support. This decision doesn’t just impact those overseas; it weakens our nation’s global standing, disrupts critical aid efforts, and threatens our own economic and national security.”

Rubio and Musk's involvement

The case follows actions by Secretary of State Marco Rubio, who claimed control of USAID and announced significant budget cuts. Judge Chuang noted that Rubio’s efforts appeared to effectively hand control of USAID operations to Musk, resulting in the agency's near-elimination.

Rubio recently announced the cancellation of 83% of USAID programs, transferring the administration of remaining grants to the State Department. Musk publicly claimed credit for the agency’s dismantling, writing on social media platform X that it was time for USAID to “die” and describing his team’s role as putting USAID “into the wood chipper.”

Featured Resource

Hiring Managers: State of Hiring and Retention

Hiring Managers: State of Hiring and Retention

What are your peers doing to fill roles during shortages? What’s the current state of hybrid work and return-to-office? What are the biggest challenges facing hiring managers?

We unpacked the data to bring you answers to your most pressing questions.

Did you know…

  • Nearly half of hiring managers say they’ve recently changed their offer package to entice new employees.

  • 72% of hiring managers say the current state of the workforce has impacted their hiring.

  • 40% of hiring managers say they've had to expedite hiring to fill roles

Download this report to:

  • Learn How Your Strategies Compare - Get an inside look at how your hiring manager peers hire and retain talent.

  • Build More Competitive Offers - Use the latest data to ensure your offer packages align with market trends.

  • Optimize Your Retention Tactics - See how employers balance pay increases with flexibility and other incentives.

Show more
Show less

Constitutional violation and political implications

Judge Chuang criticized Musk's actions as unauthorized and unlawful, stating that DOGE had taken numerous actions across various government agencies without prior approval. He highlighted Musk’s involvement in decisions that targeted USAID's budget, staff reductions, and contract cancellations.

The judge further warned that any attempt to circumvent his ruling could result in contempt charges against Musk or his associates.

The ruling marks a significant legal challenge to Elon Musk's controversial influence in federal agency operations, highlighting constitutional concerns surrounding the dissolution of USAID and raising questions about executive authority in agency closures and job cuts.

Be the first to comment.

Sign up for a FREE myGrapevine account to have your say.