Federal Appeals Court Grants Stay for DOGE Operations at USAID, Marking Win for Trump Administration
A federal appeals court has granted a stay allowing the Department of Government Efficiency (DOGE) to continue its operations at the United States Agency for International Development (USAID), marking another victory for the Trump administration.
In a significant development, a federal appeals court in Richmond, Virginia, has extended a stay that permits DOGE to maintain its functions at USAID. This decision comes after a federal judge in Maryland had previously ruled that efforts to halt USAID’s operations were likely unconstitutional, leading to an order for its reinstatement. However, the appeals court’s stay temporarily blocks this order and also prevents biopharmaceutical executive Jeremy Levin from leading the agency.
The controversy surrounding DOGE’s operations at USAID stems from allegations by a group of 26 unidentified current and former USAID employees and contractors. They claimed that the Trump administration unlawfully canceled government contracts, placed personnel on administrative leave, reduced the workforce, closed the headquarters, and took down the website. These actions, they argued, violated the U.S. Constitution’s appointments clause, as Elon Musk, acting as DOGE administrator, was not properly appointed. Additionally, they contended that dismantling USAID infringed on Congress’ responsibilities.
The Trump administration countered these claims, asserting that Musk serves as a senior advisor to the president and that actions at USAID were executed by Secretary of State Marco Rubio, acting as USAID’s administrator, who then designated Peter Marocco as deputy administrator. According to court documents, USAID established an internal DOGE team led by Lewin in accordance with President Donald Trump’s executive order. The administration argued that the actions taken were within both agency discretion and the president’s authority to direct foreign policy.
The district court initially granted the employees and contractors’ request for a preliminary injunction, blocking DOGE from operating at USAID and finding that the administration likely violated the Constitution. It also clarified that Lewin could no longer serve as chief operating officer at USAID. However, the Trump administration appealed this decision and filed an emergency motion to stay the injunction pending the appeal.
U.S. Court of Appeals Circuit judges Arthur Marvin Quattlebaum Jr. and Paul V. Niemeyer found that Musk and DOGE made a strong showing of likely success on the merits of the appeal and that they would be irreparably injured without the stay. They also determined that the stay favors the public interest. This ruling marks the third temporary win for the Trump administration at the federal appeals court level on this issue.