Judge Rules DOGE Grant Terminations Unlawful and 'Troubling'

Why this matters: This ruling highlights the importance of fair and lawful processes in government spending decisions. It also raises concerns about the use of biased criteria, such as DEI keywords, in determining grant allocations.

The case centers on the DOGE's review process, which Judge McMahon stated did not conform to NEH's ordinary grant-review process. Two DOGE employees, Justin Fox and Nate Cavanaugh, testified that they aimed to cut 'useless agencies' to reduce the federal deficit. However, their methods, which included using DEI-related keywords to identify potential cuts, were deemed unlawful.

The judge specifically called out the decision to cut funding for projects related to Black civil-rights history, Jewish testimony about the Holocaust, the Asian American experience, and the treatment of Native American children. She emphasized that these factors should not be markers of a lack of merit or wastefulness.

The ruling underscores the potential for bias and discrimination in government decision-making and the importance of adhering to established procedures and legal standards.

The judge ruled the terminations unlawful because DOGE staffers used protected characteristics like race and gender as criteria for the cuts.

DOGE employees claimed the cuts were an attempt to reduce the federal deficit, though they admitted the deficit was not reduced as a result.

The ruling highlights the importance of fair and lawful processes in government spending decisions and raises concerns about bias in grant allocations.

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