Appeals court rules DOGE can continue operating at USAID in another win for Trump admin
The Trump administration scored a victory on Friday as a federal appeals court granted their motion to extend a stay allowing the Department of Government Efficiency (DOGE) to continue operating at the United States Agency for International Development (USAID). This decision comes after a federal judge in Maryland ruled last week that efforts to halt USAID functions were likely unconstitutional and ordered its reinstatement.
The federal appeals court in Richmond, Virginia, issued a stay on Tuesday, temporarily blocking the judge’s order that prohibited DOGE from working with USAID. The court also barred biopharmaceutical executive Jeremy Levin from leading the agency. The latest decision extends the stay until the appeal is resolved.
A group of 26 unidentified current and former USAID employees or contractors had 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 Elon Musk acted as DOGE administrator without proper appointment, violating the U.S. Constitution’s appointments clause. They also argued that dismantling USAID infringed on Congress’ responsibilities.
The Trump administration refuted these claims, stating that Musk serves 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. Following President Donald Trump’s executive order, USAID established an internal DOGE team led by Lewin.
The employees and contractors alleged that the actions taken were unconstitutional, but the administration argued that they were within agency discretion and fell under the president’s authority to direct foreign policy. The district court granted a preliminary injunction requested by the employees and contractors, blocking DOGE from operating at USAID. The court found that the administration likely violated the Constitution, and the pause was in the public interest. It also stated that Lewin could no longer act as chief operating officer at USAID.
The Trump administration appealed the district court’s preliminary injunction and the denial of its motion for clarification or modification. An emergency motion was filed to stay the injunction pending the appeal. The U.S. Court of Appeals Circuit judges Arthur Marvin Quattlebaum Jr. and Judge Paul V. Niemeyer found on Friday that Musk and DOGE had 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 noted that the stay favored the public interest.
This ruling marked the third temporary win for the Trump administration at the federal appeals court level on Friday. The legal battle over the operation of DOGE at USAID continues as the appeal process unfolds.
