I have stopped reporting on court orders because there are so many of them, sometimes different judges give conflicting opinions, and sometimes one opinion supersedes another.

But this one was too good to pass up. The issues will ultimately be decided by the U.S. Supreme Court. But this is the first to challenge directly the authority of Elon Musk and DOGE.

The Washington Post reported:

A federal judge in Maryland on Tuesday temporarily blocked billionaire Elon Musk and the U.S. DOGE Service from taking further actions to dismantle the U.S. Agency for International Development and ordered that steps be taken to allow the agency to reoccupy its headquarters inside the Ronald Reagan building in Washington, D.C., should the plaintiffs in a lawsuit challenging Musk’s actions win their case.

The judge also ordered DOGE to restore email and other access to thousands of employees who have been cut off from the agency, including those stationed in dangerous areas with their jobs in limbo. He prohibited DOGE from disclosing USAID employees’ personal information outside the agency and said any other action relating to USAID must be made with the “express authorization of a USAID official with legal authority.”

The preliminary injunction issued by U.S. District Judge Theodore D. Chuang in a federal court in Maryland, though it leaves a door open for the Trump administration to continue its elimination of USAID, marks another blow to the administration’s efforts to dramatically reduce the size of the government after other federal court orders to reinstate thousands of fired federal workers. Chuang’s ruling remains in effect until a further court order, which could come at another point in the lawsuit or after a trial.

On Monday, the Trump administration moved to reinstate thousands of probationary workers after another judge in Maryland ruled that those firings had been conducted illegally, a decision that is now before a federal appeals court.

The lawsuit was brought by the State Democracy Defenders Fund on behalf of more than two dozen USAID workers named only as plaintiffs J. Does 1-26. They allege that Musk’s assumption of vast authority over federal agencies is “unprecedented in U.S. history” and, under the Constitution, could be exercised only by someone who has been nominated by the president and confirmed by the Senate as an “Officer of the United States.” The lawsuit also asserts that DOGE’s moves to eliminate USAID violate the Constitution, because the agency was created by Congress and only Congress can do away with it.

In a 68-page legal opinion accompanying the injunction, Chuang agreed that the Trump administration has acted to effectively dismantle USAID and concluded that the plaintiffs are likely to succeed in their claim that those actions violate the Constitution’s separation of powers doctrine.

“Where Congress has prescribed the existence of USAID in statute pursuant to its legislative powers under Article I, the President’s Article II power to take care that the laws are faithfully executed does not provide authority for the unilateral, drastic actions taken to dismantle the agency,” Chuang wrote.

The judge’s order, however, applies only to Musk and DOGE — not to USAID officials themselves. Chuang specified that although the dismantling of USAID — even by USAID officials — “likely violates” the Constitution, USAID officials are not parties to the case and not subject to his order. Justice Department lawyers have argued that it is USAID officials, not Musk or DOGE, who have conducted the mass personnel and contract terminations.

Though the lawsuit is not over, the State Democracy Defenders Fund heralded the judge’s ruling while the White House and Musk attacked Chuang.

“Today’s decision is an important victory against Elon Musk and his DOGE attack on USAID, the U.S. government and the Constitution,” said Norm Eisen, executive chair of State Democracy Defenders Fund, in a statement Tuesday. “They are performing surgery with a chainsaw instead of a scalpel, harming not just the people USAID serves but 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.”

A White House spokeswoman responded to Chuang’s order by saying he is among “Rogue judges” who are “subverting the will of the American people in their attempts to stop President Trump from carrying out his agenda.”
“If these Judges want to force their partisan ideologies across the government, they should run for office themselves,” said Anna Kelly, deputy press secretary for the White House, in a statement. “The Trump Administration will appeal this miscarriage of justice and fight back against all activist judges intruding on the separation of powers.”

The Trump administration seems to believe that federal courts may not overturn Presidential decisions. That matter was resolved in a case called Marbury v. Madison in 1803.