Judge Rules Appointments Clause against DOGE Likely to Succeed - emptywheel
Briefly

Judge Theodore Chuang has issued a ruling concerning DOGE's authority and its relationship with USAID. He enjoined DOGE from taking actions on their own, particularly those executed by Elon Musk that affected USAID. The ruling suggests that an Appointments Clause challenge against Musk's powers could succeed, emphasizing that figures wielding significant control should be Senate-confirmed. Despite skepticism regarding the injunction's efficacy, it reveals the intricate dynamics of governmental authority, accountability, and Musk's assertive public role, especially in relation to claims about who leads DOGE.
The opinion notes that the Appointments ruling only applies to two actions that Elon personally took: shutting down USAID and securing the building.
Musk's statements and posts on X show he controls DOGE, contradicting the government’s claims, and highlight the complicated intersection of power and accountability.
Access to payment systems for employees was impeded, but the injunction's requirement for the administration to cease terminations is a crucial aspect of the ruling.
The ruling suggests a stronger need for Senate confirmation for powerful figures like Musk in roles created by Congress to maintain checks and balances.
Read at emptywheel
[
|
]