Tuesday’s injunction only concerns USAID. But the judge took note of Musk’s similar efforts

**Federal Judge Rules Elon Musk Likely Violated Constitution in USAID Shutdown**

A federal judge found Tuesday that Elon Musk and the Department of Government Efficiency (DOGE) likely exercised unconstitutional authority while dismantling the U.S. Agency for International Development (USAID). U.S. District Judge Theodore Chuang, an Obama appointee, issued a preliminary injunction requiring DOGE to restore USAID employees’ email and system access and barring further actions without explicit approval from authorized agency officials.

The ruling marks the first judicial determination that Musk’s influence over DOGE—a role the Trump administration claimed was merely advisory—likely requires Senate confirmation under the Constitution’s Appointments Clause. Chuang rejected arguments that Musk was only a senior adviser, stating his leadership of DOGE effectively mirrors that of a formal administrator. “If presidents could bypass Senate-confirmed officials by granting unchecked power to advisers, the Appointments Clause would become a meaningless formality,” Chuang wrote.

The decision stems from a lawsuit filed by 26 current and former USAID employees, represented by the left-leaning State Defenders Democracy Fund. They allege DOGE, under Musk’s direction, unlawfully accelerated USAID’s shutdown through mass firings, frozen contractor payments, and drastic contract cuts. While a separate judge previously ordered payment releases for some contracts, Chuang’s injunction aims to prevent irreversible agency closure during litigation.

Chuang also noted Musk’s broader federal influence, citing his reported role in shuttering the Consumer Financial Protection Bureau’s headquarters and other unilateral DOGE actions. The administration recently named Amy Gleason as DOGE’s interim administrator after weeks of opacity about its leadership.

Though similar Appointments Clause challenges against Musk remain unresolved, Tuesday’s ruling signals judicial scrutiny of his expansive authority.