WASHINGTON D.C. – A proposed class action lawsuit challenging the unconstitutional shutdown of the U.S. Agency for International Development (USAID) by Elon Musk, DOGE and other Trump Administration actors will continue after a federal judge rejected the government’s motion to dismiss the case. The case, which was the first asserting Musk’s actions are in violation of the United States Constitution’s Appointments Clause, will now continue, including proceeding with discovery.

In rejecting the government’s motion to dismiss, the court noted that there is strong support for an “inference that Musk directed the actions to shut down USAID without authorization from any USAID official.”

The lawsuit challenges Elon Musk’s unlawful control over key government functions, in violation of the U.S. Constitution’s Appointments Clause, alongside separation-of-powers claims. Among the allegedly unlawful actions: suspending federal contracts and salaries, issuing agency-wide directives without legal authority, and dismantling USAID entirely. As U.S. District Judge Theodore D. Chuang wrote, the Constitution “does not provide authority for the unilateral, drastic actions taken to dismantle the agency.”

"Today’s ruling moves us one step closer to exposing Elon Musk’s unlawful dismantling of USAID," said Norm Eisen, executive chair of Democracy Defenders Fund. "Donald Trump’s administration gave Musk a blank check to tear down the basic machinery of government. Musk cashed it by ransacking programs that serve the American people. But the law is clear, and no president or billionaire can ignore it. We look forward to achieving accountability through the courts.”

"Today's victory is an important step forward in preserving the separation of powers and the protections  it provides all Americans against bad actors and autocrats,” said Mimi Marziani of Marziani, Stevens & Gonzalez PLLC. “It also sends a clear message:  Our U.S. Constitution reigns supreme over even the most powerful. There is much work yet to be done in this case but we are ready to push forward, with the brave individuals we are representing."

You can read the opinion here

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Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.

Marziani, Stevens & Gonzalez PLLC is a mission-driven law firm. We are rooted in Texas with nationally recognized legal expertise, uniquely positioned to provide exceptional representation in today’s dynamic political landscape.