Musk and DOGE’s dismantlement of the US Agency for International Development (USAID) “likely violated the US constitution in multiple ways,” District court judge Theodore Chuang said.

Chuang issued his ruling in response to a lawsuit brought by current and former USAID employees and contractors challenging the legal authority of the billionaire tapped by President Donald Trump to slash federal government spending and jobs.

They argued that under the appointments clause of the US constitution, Musk needed to be confirmed by the senate in order to exercise his authority.

The judge agreed, saying that allowing Musk to continue to wield enormous power over the government “would open the door to an end-run around the appointments clause” and reduce it to “nothing more than a technical formality.”

Chuang said the actions by Musk and DOGE had violated the authority of congress to decide when and how to close down USAID, where most of the workers have been placed on leave or fired since January. The agency was created by congress in 1961.

Secretary of state Marco Rubio said last week that the US was cancelling 83% of programmes at USAID, which distributes humanitarian aid around the world, with health and emergency programmes in around 120 countries.

The judge’s ruling was the latest legal setback to Trump’s cost-cutting and government staff reduction drive. Another judge recently ordered the rehiring of thousands of probationary workers in multiple agencies who had been fired by Musk’s DOGE.

Chuang ordered that access to email and other electronic systems be reinstated to current USAID employees and contractors.

He said the agency should also be allowed to reoccupy its Washington headquarters unless the court receives confirmation from the acting administrator of USAID or another authorised officer of the US that the building is being permanently closed.

Trump signed an executive order in January demanding a freeze on all US foreign aid to allow time to assess overseas expenses.