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Nonilex

Fed Judge Theodore D. Chuang ordered & to reinstate nearly all of 's functionality, saying DOGE likely violated the .

“…Defendants' actions…to shut down USAID…,including its apparent decision to permanently close USAID headquarters without the approval of a duly appointed USAID Officer, likely violated the United States Constitution in multiple ways,…these actions harmed not only Plaintiffs, but also the public interest….”


storage.courtlistener.com/reca

For the foregoing reasons, the Court finds that Defendants' actions 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 violated 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 to close down an agency created by Congress. Accordingly, the Motion for a Preliminary Injunction will be GRANTED IN PART and DENIED IN PART. The Motion will be granted in that the Court will issue the accompanying Preliminary Injunction. The Motion will be otherwise denied. A separate Order shall issue.
Nonilex

Judge Chuang found that is unlawfully exercising power under the . However, because some of the dismantling was done by — ’s Dept Director of — not , & the dismissed employees didn't sue , he limited his preliminary injunction.

#law#DOGE#Congress
Mar 18, 2025, 07:35 PM·Public·Mastodon for iOS
10boosts·16favorites
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Nonilex

Via Charlie Savage

In this new / ruling, Judge Chuang basically calls bullshit on admin claim that isn't running DOGE because formally someone else is the administrator & on paper he's just a random WH adviser.

Plaintiffs agree that Musk has no formal legal authority to make the decisions at issue, but they assert that as a factual matter, Musk has exerted actual authority at USAID that only a properly appointed Officer can exercise. To deny Plaintiffs* Appointments Clause claim solely on the basis that, on paper, Musk has no formal legal authority relating to the decisions at issue, even if he is actually exercising significant authority on governmental matters, would open the door to an end-run around the Appointments Clause. If a President could escape Appointments Clause scrutiny
At this preliminary stage, the record demonstrates that, at least during the time period relevant to this Motion, Musk was, at a minimum, likely the official performing the duties and functions of the USDS Administrator. Even if viewed from the standpoint of the Senior Advisor position that he occupies on paper, the record of his activities to date establishes that his role has been and will continue to be as the leader of DOGE, with the same duties and degree of continuity as if he was formally in that position.…
#law#Congress#AppointmentsClause
Public
Shdwdrgn

@Nonilex It would be really cool if this could lead to a class action lawsuit (the people of the US vs. Elon Musk) requiring repayment for the illegal and unconstitutional damage of US property and services.

Not that I'm holding my breath, but man, can you imagine the damaging info and testimony towards Trump that would come from discovery in that case?

Quiet public
Otte Homan - remember Geordie

@Nonilex so Musk is basically a Jester, a Rasputin, and then everything is legally okay ?!?!?

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