BALTIMORE — Federal judges in Maryland are sidelining the work of Elon Musk and his Department of Government Efficiency (DOGE).
Over the last few days three separate district level judges have issued temporary restraining orders barring DOGE access to USAID, the Social Security Administration, and U.S. Department of Education.
Judge Theodore Chuang, an appointee of former President Barack Obama, says Musk and company's involvement in shutting down USAID was likely unconstitutional.
In turn, he ordered DOGE to reinstate system access to USAID employees and contractors, including those placed on administrative leave.
President Donald Trump granted Musk and DOGE broad authority to audit government contracts, and to recommend termination of those classified as government waste, fraud, or abuse.
But Chuang opines such power requires that Musk be Senate confirmed.
While other federal judges have been critical of Musk's role at USAID, all have stopped short of deeming his actions to cut costs and staffing unconstitutional.
Chuang's March 18 order calls for USAID offices to remain open, despite the Trump Administration vowing to shutter it.
Many agency employees have already been let go by the federal government.
Secretary of State Marco Rubio, who is running the agency in an acting capacity, recently announced the termination of 90 percent of USAID contracts.
A separate judge in Washington D.C. ruled USAID was on the hook for paying contractors for work already completed but allowed cancellation of future contracts to continue.
Under Chuang's order, Musk and DOGE can no longer call any shots regarding operations at USAID.
However, all actions already taken can technically stand as long an official agency head signs off, which in this case is Rubio, whose publicly supported Musk's efforts.
Chuang is also ordering Musk and DOGE to sign an agreement that would allow USAID to reoccupy their former Washington D.C. headquarters in the event the lawsuit against the government ultimately prevails.
The agreement, though, would not go into effect if Rubio or one of his designated officers ratifies the agency's closure.
Judge Ellen Lipton Hollander, another Obama appointee, was next to try and curtail Musk's influence.
On March 20 she ruled DOGE is likely in violation of the Privacy and Administrative Procedure Acts.
"SSA provided members of the SSA DOGE Team with unbridled access to the personal and private data of millions of Americans, including but not limited to Social Security numbers, medical records, mental health records, hospitalization records, drivers’ license numbers, bank and credit card information, tax information, income history, work history, birth and marriage certificates, and home and work addresses," wrote Hollander. "The DOGE Team, never identified or articulated even a single reason for which the DOGE Team needs unlimited access to SSA’s entire record systems, thereby exposing personal, confidential, sensitive, and private information that millions of Americans entrusted to their government."
White House Deputy Chief of Staff for Policy Stephen Miller excoriated Hollander's decision on Musk's X platform (formerly Twitter).
"Crazy judge orders halt to all Social Security employees “working on the DOGE agenda”. The “DOGE agenda” is the presidential directive to prevent fraud and improper payments," Miller wrote. "So, in other words, a judge has just ordered SSA to continue allowing all fraudulent payments and theft."
Last but not least, on March 24, Joe Biden appointed Judge Deborah L. Boardman, blocked DOGE from accessing personally identifiable information of U.S. Department of Education employees.
Boardman's orders effectively enjoin the Department of Education, Office of Personnel Management, and Department of Treasury from cooperating with DOGE investigations.
In this case, it was the American Federation of Teachers that brought the lawsuit.
All three decisions are all but certain to be appealed and potentially reach the Supreme Court.
The Department of Justice has already requested Chuang's order be stayed, calling it "an extraordinary intrusion on a coordinate branch."
Since returning to office Trump's faced an onslaught of federal injunctions, mostly from Democratic appointed judges aiming to block large swaths of his agenda.
For perspective, only 14 injunctions were issued against the Biden administration his entire four year term.
Just two months into his second White House stint, Trump has endured a record breaking 15 injunctions, destined to surpass the 64 injunctions during his first four years in office.
Such decisions, several which have been issued in Maryland, have raised separation of power concerns, sparking questions of whether Trump should comply or defy court orders.
Experts generally believe courts have no true enforcement mechanism against a sitting President with sweeping immunity and control of the DOJ whose tasked with implementing judicial orders.
SEE ALSO: Maryland judge orders federal government to reinstate thousands of terminated employees
Some critics, including Musk himself have openly supported the idea of Trump ignoring the courts.
Recently Trump, like Musk suggested impeaching judges, generating a response from Supreme Court Chief Justice John Roberts, who urged appealing rather than impeaching.
— Donald J. Trump (@realDonaldTrump) March 21, 2025
Some lawmakers in the U.S. House of Representatives have already filed articles of impeachment against certain judges, including Chuang, for earlier rulings against Trump.
"I have drafted new articles against activist Judge Theodore Chuang," Rep. Andy Ogles of Tennessee wrote on X March 21. "An Obama appointee and lifelong Democrat who blocked Trump’s travel ban in 2017. This judge literally peddled critical race theory as editor of the Harvard Law Review. Now he’s trying to save USAID, which gives money to terrorist and radical LGBTQ+ propaganda. Impeach him!"
Due to a super majority needed to achieve impeachment, it's highly unlikely Ogles' efforts succeed.