In the ongoing reality show that our government has become, we just witnessed something truly spectacular - a federal judge essentially telling Elon Musk to stay the fuck in his lane. Judge Theodore Chuang's ruling is nothing short of revolutionary - it's the first judicial determination that Musk is likely exercising authority that would require Senate confirmation under the Constitution's Appointments Clause.
The Constitutional Smackdown Nobody Saw Coming
The court didn't mince words when it rejected the Trump administration's pathetic argument that Musk is "merely a presidential advisor" with no independent authority. Judge Chuang wrote that such an arrangement would reduce the Appointments Clause to "a technical formality." Translation: You can't just hand over government power to your billionaire buddy because he donated to your campaign.
The absolute gall of these people astounds me. They actually thought they could pull this off - letting Musk operate as a shadow cabinet member without any constitutional guardrails. The judge saw right through this bullshit, and thank god for that.
DOGE: The Most Cynical Acronym in Government History
Department of Government Efficiency? Please. They might as well have called it the "Department of Doing Great Things That Everyone Loves," because the actual function has been anything but efficient.
After initially keeping DOGE's leadership structure secret, the White House eventually named Amy Gleason as interim administrator. But let's not kid ourselves - Musk has been pulling the strings. Under his guidance, DOGE has decimated USAID, firing career staff en masse, freezing critical payments, and conducting "reviews" that left only 500 out of thousands of awards intact.
We're talking about an agency that provides disaster relief, fights disease outbreaks, and supports democratic institutions around the world. But sure, let's let the guy who can't even keep Twitter running properly take a wrecking ball to it.
The Human Cost Behind the Headlines
When DOGE froze USAID payments, they weren't just moving numbers on a spreadsheet - they were cutting off lifelines to some of the most vulnerable people on the planet. Think about the humanitarian workers in conflict zones, the anti-malaria programs that couldn't buy mosquito nets, the democracy advocates in authoritarian countries who were counting on US support.
And let's talk about the 26 current and former USAID employees who brought this lawsuit. These aren't just anonymous bureaucrats - they're dedicated public servants who've spent their careers trying to make the world a better place. Imagine showing up to work one day to find your email cut off, your projects terminated, and some SpaceX engineers telling you your life's work is worthless.
The Broader Threat to Democratic Governance
This USAID debacle isn't happening in isolation. The judge specifically noted that Musk has been taking similar actions across other federal agencies. We're witnessing an unprecedented attempt to bypass democratic norms and hand over government functions to an unelected, unaccountable billionaire.
Let's call this what it is: a power grab, plain and simple. The administration is trying to create a parallel government structure that answers only to them, free from congressional oversight or constitutional constraints. The truly terrifying part is how close they came to getting away with it.
The Injunction: A Temporary Reprieve
Judge Chuang's injunction requires DOGE to reinstate email access and blocks DOGE personnel from taking actions related to USAID without proper authorization. That's important, but it doesn't undo the damage that's already been done.
The hundreds of employees who've already been fired won't automatically get their jobs back. The programs that have been terminated won't restart themselves. Even if this ruling eventually leads to a more comprehensive legal victory, USAID has been profoundly wounded, and it will take years to rebuild.
And let's not forget that the injunction specifically addresses USAID. What about all the other agencies where Musk and his DOGE cronies have been wreaking havoc? The Department of Education, the EPA, the Department of Energy - they're all suffering similar fates.
Why This Matters Beyond Politics
This isn't just about whether you like or dislike Musk. This is about fundamental principles that have guided our government for over two centuries. We have a system of checks and balances for a reason. We require Senate confirmation for powerful officials for a reason. We don't let presidents create shadow cabinets for a reason.
As Professor Rebecca Ingber of Cardozo Law School noted, "The Appointments Clause is a critical safeguard against the concentration of power in the executive branch. It ensures that those wielding significant authority are subject to democratic accountability through the confirmation process."1
Similarly, constitutional scholar Jed Shugerman observed, "What we're seeing with DOGE is an attempt to create a parallel power structure that evades constitutional constraints. It's dangerous not just for the specific policies being implemented, but for the precedent it sets."2
The Bottom Line
Elon Musk fucked up. The administration fucked up. And now a federal judge has officially put that conclusion into the legal record.
The question is whether this ruling will be the beginning of the end for this unconstitutional experiment, or just a speed bump on the road to further democratic erosion. For the sake of our constitutional system and the millions of people around the world who depend on USAID's work, I hope it's the former.
But hope isn't enough. We need continued vigilance, more lawsuits challenging these unconstitutional arrangements, and public pressure to restore proper democratic governance. The Constitution provides the tools to fight back against this kind of overreach. Now it's up to us to use them.
Citations
Schonfeld Z, 2025 “Judge finds Elon Musk likely acted unconstitutionally in shuttering USAID” The Hill.
🤣 Careful! Leon suspended me from X for saying that every time I saw not-my-president trump's face, I wanted to bitch slap him.”🤣
When people ignore the courts aren’t they jailed🤔