Appeals court clears way for Elon Musk's DOGE to keep operating at USAID
A federal appeals court on Friday lifted an earlier ruling that had blocked Elon Musk's department of government efficiency (
DOGE
) from making further cuts to the
US agency for international development
(
USAID
).
The lawsuit, one of the first directly targeting Musk, alleged that his involvement in dismantling USAID was unconstitutional since he was not an elected or Senate-confirmed official. A lower court had initially ruled in favor of the plaintiffs, agreeing that Musk's role in the cuts raised constitutional concerns. However, the 4th US circuit court of appeals sided with the administration, arguing that while DOGE was involved, final approval came from government officials.
The panel dismissed claims that Musk personally ordered the cuts, despite his social media posts boasting that he "fed USAID into the wood chipper." The judges ruled that such statements did not constitute legal evidence of decision-making authority.
Instead, they found that Musk was acting as an advisor to US President Donald Trump, supporting his broader mission to eliminate what he calls waste, fraud, and abuse in government agencies.
"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.
The ruling halts a prior decision from US district judge Theodore Chuang in Maryland, who had ordered the government to restore email and computer access to USAID employees affected by the cuts. However, Chuang had stopped short of reversing firings or fully reinstating the agency.
With the latest appeals court ruling, Musk's DOGE can continue overseeing budget cuts and downsizing efforts at USAID, though the broader legal battle over its constitutionality is expected to continue.