Efforts by Elon Musk and his team to permanently shutter the U.S. Agency for International Development likely violated the Constitution “in multiple ways” and robbed Congress of its authority to oversee the dissolution of an agency it created, a federal judge found on Tuesday.
The ruling, by Judge Theodore D. Chuang of U.S. District Court for the District of Maryland, appeared to be the first time a judge has moved to rein in Mr. Musk and his Department of Government Efficiency directly. It was based on the finding that Mr. Musk has acted as a U.S. officer without having been properly appointed to that role by President Trump.
Judge Chuang wrote that a group of unnamed aid workers who had sued to stop the demolition of U.S.A.I.D. and its programs was likely to succeed in the lawsuit. He agreed with the workers’ contention that Mr. Musk’s rapid assertion of power over executive agencies was likely in violation of the Constitution’s appointments clause.
The judge also ordered that agency operations be partially restored, though that reprieve is likely to be temporary. He ordered Mr. Musk’s team to reinstate email access to all U.S.A.I.D. employees, including those on paid leave. He also ordered the team to submit a plan for employees to reoccupy a federal office from which they were evicted last month, and he barred Mr. Musk’s team from engaging in any further work “related to the shutdown of U.S.A.I.D.”
Given that most of the agency’s work force and contracts were already terminated, it was not immediately clear what effect the judge’s ruling would have. Only a skeleton crew of workers is still employed by the agency.
And while the order barred Mr. Musk from dealing with the agency personally, it suggested that he or others could continue to do so after receiving “the express authorization of a U.S.A.I.D. official with legal authority to take or approve the action.”
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