A federal appeals court on Friday lifted an order that had blocked Elon Musk’s Department of Government Efficiency (DOGE) from making further cuts at the U.S. Agency for International Development (USAID).
The lawsuit, one of the first filed directly against Musk, argued that DOGE’s actions were unconstitutional, claiming he exercised significant power without being elected or Senate-approved.
A lower court judge had sided with the plaintiffs, but a three-judge appeals court panel ruled in favor of the Trump administration. The court found that while DOGE played a role in dismantling USAID, the cuts were ultimately approved by government officials.
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The 4th U.S. Circuit Court of Appeals determined that Musk’s social media statements—such as his claim that he “fed USAID into the wood chipper”—did not legally prove he had issued the orders himself.
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Instead, the court found that Musk was acting as an adviser to President Donald Trump, implementing policies aimed at eliminating what the administration labeled as waste, fraud, and abuse in the federal government.
“While defendants’ role and actions related to USAID are not conventional, unconventional does not necessarily equal unconstitutional,” wrote Circuit Judge Marvin Quattlebaum, a Trump appointee. He noted that while further evidence may emerge as the case progresses, the current record does not justify blocking DOGE from acting on USAID.
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The appeals court also suggested that if the plaintiffs believe dismantling USAID violates the constitutional separation of powers, their claims should be directed at the administration rather than Musk or DOGE.
The ruling halts an earlier decision by U.S. District Judge Theodore Chuang in Maryland, who had found DOGE’s actions likely unconstitutional.
His order required the Trump administration to restore email and computer access to USAID employees, including those placed on administrative leave, though he stopped short of reversing firings or reinstating the agency.
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