The Trump administration was granted a stay by a federal appeals court to allow the Department of Government Efficiency (DOGE) to continue operating at the United States Agency for International Development (USAID). This decision came after a federal judge in Maryland ruled that efforts to halt USAID functions were likely unconstitutional and ordered its reinstatement. The appeals court in Virginia also issued a stay, blocking the judge’s order that prohibited DOGE from working with USAID and barred biopharmaceutical executive Jeremy Levin from leading the agency. The stay has been extended until the appeal is resolved.
A group of 26 unidentified current and former USAID employees or contractors alleged that the Trump administration unlawfully canceled government contracts, placed USAID personnel on administrative leave, reduced the workforce, closed the headquarters, and took down the website. They claimed that this violated the U.S. Constitution’s appointments clause because Elon Musk acted as DOGE administrator without proper appointment. The administration argued that Musk acted as a senior advisor to the president, and actions at USAID were carried out by Secretary of State Marco Rubio as USAID’s acting administrator, who then designated Peter Marocco as deputy administrator. Actions that the employees and contractors alleged were unconstitutional were within both agency discretion and the president’s authority to direct foreign policy.
The district court granted the employees and contractors’ requested preliminary injunction, blocking DOGE from operating at USAID, finding that the administration “likely” violated the Constitution, and the pause was in the public interest. The court later clarified that Lewin, who led the USAID DOGE team prior to the injunction, could no longer do his job as chief operating officer at USAID and declined to grant any modifications. The Trump administration appealed the district court’s preliminary injunction and the denial of its motion for clarification or modification. The administration also filed an emergency motion to stay the injunction pending the appeal. The U.S. Court of Appeals Circuit judges found that Musk and DOGE made a strong showing that they are likely to succeed on the appeal, would be irreparably injured without the stay, and that it favors the public interest.
The ruling marked the third temporary win on Friday for the Trump administration at the federal appeals court level. The appeals court granted the stay to allow DOGE to continue operating at USAID, despite the initial ruling by the district court. The Trump administration’s actions at USAID have been met with legal challenges from employees and contractors who alleged that the administration’s actions were unconstitutional. The appeals court found that there was a strong likelihood of success on the merits of the appeal by Musk and DOGE and that they would be irreparably injured without the stay. The ruling extends the stay until the appeal is resolved.
