In a bold move, Judge Theodore Chuang, appointed by former President Obama, has restricted DOGE official Jeremy Lewin from assuming a leadership position at USAID. This decision comes amid accusations that Elon Musk and DOGE violated the Constitution by closing the agency.
On Tuesday, Judge Chuang ordered that all functions of USAID be reinstated. This lawsuit, spearheaded by current and former USAID employees, challenges the constitutional legitimacy of DOGE’s decision.
The heart of the matter lies in the argument that Elon Musk, not being Senate-confirmed, lacks the authority to make executive decisions, thereby undermining the Constitution’s Appointments Clause and the Separation of Powers.
The judge’s ruling also prohibits DOGE from taking further actions regarding USAID’s shutdown. In the comprehensive 68-page ruling, Judge Chuang emphasized the importance of congressional authority, stating that DOGE’s actions deprived Congress of its constitutional power to make decisions about the agency.
Interestingly, a strategic play by DOGE has seemingly outmaneuvered the court. An email from Pete Marocco, a Trump appointee, revealed that a senior DOGE official had taken over USAID, thereby maintaining authority over the agency despite the ruling.
Yet, Judge Chuang explicitly barred Jeremy Lewin from occupying a leadership role, citing the need for actions to be authorized by a legally empowered USAID official.
THREAD: Starting fresh thread elaborating on horrifyingly abusive order just entered by a federal judge. Judge Chuang just clarified that he was enjoining Jeremy Lewin, individual Marco Rubio delegated authority to serve as Deputy Administrator and COO of USAID could not: pic.twitter.com/9Y2ihR7dHC
— Margot Cleveland (@ProfMJCleveland)
March 21, 2025
In his decisive order, Judge Chuang made it clear: “Defendants shall not take any other actions relating to USAID without the express authorization of a USAID official with legal authority to take or approve the action.”
