The Fourth Circuit Court of Appeals on Tuesday temporarily halted a federal judge’s order against DOGE.
Last Tuesday a federal judge said the Department of Government Efficiency (DOGE) likely violated the Constitution when it shut down USAID.
Theodore Chuang, an Obama appointee, ordered Elon Musk and DOGE to reinstate all of USAID’s functionality.
The lawsuit was brought by current and former USAID workers.
In the first few weeks of Trump’s second term, thousands of USAID workers were laid off and programs were shut down.
Activist judges have stopped the Trump administration’s effort to dismantle the agency.
Last Tuesday, Judge Chuang said DOGE’s decision to shut down USAID violated the Constitution’s Appointments Clause and the Separation of Powers.
The plaintiffs argued that Elon Musk is operating with unchecked power since he is not Senate-confirmed — and that since Elon Musk is not Senate-confirmed, he should be barred from issuing orders to anyone inside of the executive branch.
The judge also barred DOGE from any further actions related to USAID’s closure.
“For the foregoing reasons, the Court finds that Defendants’ action s taken to shut down USAID on an accelerated basis, including its apparent decision to permanently close USAID headquarters without the approval of a duly appointed USAID Officer, likely violate the United States Constitution in multiple ways, and that these actions harmed not only Plaintiffs, but also the public interest, because they deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how close down an agency created by Congress,” the Judge wrote in a 68-page ruling.
Later Tuesday it appeared DOGE figured out a way to checkmate the judge: Senior DOGE official Jeremy Lewin took over USAID and will have authority over the agency.
However, Judge Chuang enjoined Jeremy Lewin and prohibited him from taking a leadership position at USAID.
“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,” Judge Chuang wrote in his order.
The Fourth Circuit Court of Appeals on Tuesday halted Judge Chuang’s order until Thursday.
BREAKING! 4th Circuit Administratively Stays’ lower court order re Elon Musk, DOGE, AND Deputy Administration of USAID. 1/ pic.twitter.com/6LwLBknkmv
— Margot Cleveland (@ProfMJCleveland) March 25, 2025
Congressman Andy Ogles blasted Judge Chuang – a career Democrat operative – and said Congress must hold him accountable and impeach him.
Federal Judge Theodore Chuang—a career Democrat operative—is obstructing President Trump and protecting USAID’s reckless spending. Congress must hold him accountable. Here’s the case for impeachment. pic.twitter.com/uALSoEQMuZ
— Rep. Andy Ogles (@RepOgles) March 25, 2025
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