Press Release
March 18, 2025
GREENBELT, MD – Today, Judge Theodore D. Chuang granted a preliminary injunction blocking Elon Musk and the Department of Government Efficiency (DOGE) from continuing to dismantle USAID. The ruling effectively halts or reverses many of the steps taken by Elon Musk and the Department of Government Efficiency (DOGE) within the agency.
The case, brought on behalf of 26 federal employees and contractors by State Democracy Defenders Fund (SDDF) and Marziani, Stevens & Gonzalez PLLC (MSG), was the first to argue that Musk’s actions were in violation of the United States Constitution’s Appointments Clause. This is the first court opinion to make that finding. The court also found that the conduct of Musk and DOGE violates constitutional Separation of Powers, writing that “the power to act to eliminate federal agencies resides exclusively with Congress,” so Musk’s and DOGE’s “actions to dismantle USAID violate the Separation of Powers.”
“Today’s decision is an important victory against Elon Musk and his DOGE attack on USAID, the United States’ government, and the Constitution,” said Norm Eisen, executive chair of State Democracy Defenders Fund. “They are performing surgery with a chainsaw instead of a scalpel, harming not just the people USAID serves but also the majority of Americans who count on the stability of our government. This case is a milestone in pushing back on Musk and DOGE’s illegality.”
In a filing last month, Plaintiffs illustrated how Elon Musk and DOGE have directed the unconstitutional takeover of essential government functions at USAID. Public reports and firsthand accounts from agency personnel indicate that DOGE has been making critical personnel decisions, restricting access to crucial systems, sending agency-wide communications, and overriding decisions of senior department leadership. Musk himself has said that DOGE’s role has included drastic actions such as “feeding USAID into the woodchipper.” Yet despite the clear evidence to the contrary, the government, recognizing the unconstitutionality of Musk’s and DOGE’s conduct, has said that Musk is merely a Presidential advisor.
“Our plaintiffs are regular Americans who have faithfully served our country and the public good but have had their lives turned upside down because Musk wants to play master of the universe,” said Mimi Marziani, of MSG. “We are proud to stand up for the plaintiffs and the Constitution, which is designed to guard against these very sorts of abuses because our nation depends upon a government for all, not for a few.”
The Constitution’s Appointments Clause only gives those powers to people nominated by the President and confirmed by the U.S. Senate, neither of which applies to Musk. Since Musk’s role as the de facto DOGE administrator constitutes the performance of significant governmental duties that should only be handled by duly appointed officers of the United States, the plaintiffs ultimately seek a permanent injunction preventing Musk and his team from continuing their roles.
State Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
Marziani, Stevens & Gonzalez PLLC is a mission-driven law firm. We are rooted in Texas with nationally recognized legal expertise, uniquely positioned to provide exceptional representation in today’s dynamic political landscape.