Story · February 11, 2025

Trump’s DOGE plan was already facing constitutional pushback

constitutional tension over executive power Confidence 5/5
★★★★☆Fuckup rating 4/5
Serious fuckup Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: A previous version overstated the February 11 Treasury ruling; the court clarified the earlier order and allowed Senate-confirmed Treasury officials access, while keeping the broader DOGE restriction in place.

By Feb. 11, 2025, the Trump administration had kicked off a far-reaching workforce overhaul from the White House while a separate fight over DOGE access to Treasury systems was already moving through federal court. The White House order directed agencies to work with DOGE team leads on hiring, reductions in force, and reorganization plans, but it also said the plan had to be carried out consistent with applicable law and subject to exemptions for national security, homeland security, and public safety roles. ([whitehouse.gov](https://www.whitehouse.gov/presidential-actions/2025/02/implementing-the-presidents-department-of-government-efficiency-workforce-optimization-initiative/))

The order was not subtle about its ambition. It called for a plan to cut the size of the federal workforce through attrition, set a one-for-four hiring ratio, required agencies to consult with DOGE team leads on new hiring decisions, and told agency heads to prepare for large-scale reductions in force. It also directed agencies to identify statutes that make agencies or subcomponents mandatory and to report whether those entities should be eliminated or consolidated. ([whitehouse.gov](https://www.whitehouse.gov/presidential-actions/2025/02/implementing-the-presidents-department-of-government-efficiency-workforce-optimization-initiative/))

The Treasury case was older and procedurally farther along than the February 11 headlines suggested. On Feb. 8, a federal judge entered an ex parte temporary restraining order blocking access to Treasury payment records and payment systems by DOGE personnel with access to personally identifiable and confidential financial information. The order set a hearing for Feb. 14. ([nysd.uscourts.gov](https://www.nysd.uscourts.gov/sites/default/files/2025-02/State%20of%20NY%2C%20et%20al%20v.%20Donald%20J.%20Trump%20et%20al.pdf))

Two days later, the court clarified the TRO rather than starting the fight from scratch. The judge said senior Treasury officials were not barred from accessing the payment systems, while keeping the broader restriction in place for access by DOGE-linked personnel. The court also said the case was not yet at the point where it had to resolve the constitutional claims the states had raised, even though those claims were part of the lawsuit. ([nysd.uscourts.gov](https://www.nysd.uscourts.gov/sites/default/files/2025-02/State%20of%20NY%2C%20et%20al%20v.%20Donald%20J.%20Trump%20et%20al.pdf))

That left the administration in a familiar position: pushing a big executive-branch restructuring while testing where the legal limits actually ran. The White House order was built to stretch across the bureaucracy, but it repeatedly acknowledged statutory limits. The Treasury case showed the same thing from the other side — that access to sensitive federal systems could be narrowed by a court before anyone got to a final ruling on the broader constitutional dispute. ([whitehouse.gov](https://www.whitehouse.gov/presidential-actions/2025/02/implementing-the-presidents-department-of-government-efficiency-workforce-optimization-initiative/))

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