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Dismantling of USAID Ruled Likely Unconstitutional [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-03-18
A federal judge of the US District Court of Maryland has ruled that the dismantling of the United States Agency for International Development (USAID) by the “Department of Government Efficiency” (DOGE), a creation of the Executive Branch led by billionaire Elon Musk, likely violated the US Constitution and has ordered a Preliminary Injunction. See: www.politico.com/…
The full 68-page opinion is pretty damning for the Trump Administration, finding in detail how DOGE, led by Elon Musk with insufficient authority, lacked the power to carry out the various actions they have taken against USAID. See storage.courtlistener.com/…
This one is going to sting. The attack on USAID was one of Trump and Musk’s very first onslaughts on US government agencies and departments. Defeats like this are why Trump is now pivoting to attack the US Court system itself. Given the weight of the evidence, it should be a strong case to take to the US Supreme Court, if it gets that far. Which it might, since US Attorney General Bondi is more or less a lapdog of the POTUS. So, no doubt there will be an appeal. But I can’t see how an appellate court is going to reverse something so clear cut.
Note, the POLITICO article suggests that US Department of State (DOS) Secretary Marco Rubio could “end run” the ruling since it seems aimed just at the authority of Musk and DOGE. Rubio, now the acting head of what’s left of USAID, could simply reissue Musk’s orders in his name. But I don’t see how that gets past the issue of Congressional authority. Rubio would simply be targeted in an amended complaint — and go down in flames on the statutory issue. Such an action would also be seen as an admission that DOGE and Musk lack authority, which would not only be politically damaging but aid the other cases pending (see below).
The GOP Congressional majority is face down in a ditch right now, in thrall to Orange Caesar, abdicating its powers of the purse and oversight. But the US Courts won’t hesitate to say what the clear law is. USAID was created by Congress in 1961. In 1998, Congress also passed the Foreign Affairs Reform and Restructuring Act of 1998, establishing USAID as an "independent establishment" outside of the DOS. If Congress chooses not to act, that does not mean some sort of vacuum is created that anyone can step into.
The ruling should also further tar the authority of DOGE and Musk. This will be helpful to other cases pending that address Trump and Musk’s attacks on other institutions, including the latest assaults on agencies like the US Department of Education and US Institute for Peace.
Dark days for our Republic, but the rule of law remains a firm bulwark. No doubt we shall soon hear Trump’s screeches on his media platform. Fair music to the ears of those who favor the rule of law.
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https://www.dailykos.com/stories/2025/3/18/2311074/-Dismantling-of-USAID-Ruled-Unconstitutional?pm_campaign=front_page&pm_source=more_community&pm_medium=web
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