Judge Theodore Chuang, who ordered the administration to rehire the entire fired staff of USAID and not dismantle it, is enjoining Jeremy Lewin. Marco Rubio appointed Mr. Lewin as Deputy Administrator and COO of USAID.
Chuang is now making staffing decisions, placing himself above the Secretary of State, who was confirmed by the Senate.
He used the excuse that the injunction applies to Lewin. The judge decided that Elon Musk’s work and DOGE likely violated the appointments clause of the Constitution because the Senate did not confirm Mr. Musk. Therefore, they had no right to shut down USAID.
Mr. Musk or DOGE never employed Mr. Lewin, but he was USAID’s DOGE team lead. Therefore, according to the judge, Lewin can’t be in charge. This Article 3 judge thinks he can tell an Article 2 acting agency head to whom he may or may not delegate authority. Telling the Secretary of State Marco Rubio he can’t appoint a head is insane. Basically, the judge has appointed himself as the personnel manager with superior authority to the Secretary of State.
They can’t hire anyone tied to DOGE in any way.
President Trump will undoubtedly file an appeal for emergency relief from the Supreme Court, and the court might ignore it or delay it as they have been all along. Meanwhile, we live in a judicial oligarchy, and the media is framing it as President Trump attacking judges.
The lawyer for the plaintiffs is the far-left Norm Eisen, who has dedicated his career to taking down Donald Trump.
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