U.S. District Judge Colleen McMahon ruled Thursday that DOGE's mass termination of National Endowment for the Humanities grants was, in her words, 'in violation of the First Amendment, in violation of the equal protection component of the Fifth Amendment, and without statutory authority.' The 143-page opinion covers grants previously approved and appropriated by Congress — grants DOGE canceled unilaterally in April 2025. Plaintiffs included the American Council of Learned Societies, the American Historical Association, the Modern Language Association, and The Authors Guild.
The receipts McMahon surfaces are damning on their merits: DOGE staff 'did not examine any applications or underlying materials' and used ChatGPT to generate termination rationales. The staffers leading the effort, the judge noted, were in their 20s and 'did not have much experience in anything at all.'
The impoundment principle here is older than the republic's first contested budget fight. Article I, Section 9 exists precisely because the Framers watched a king spend Parliament's appropriations as he chose. A president's policy preferences do not override a congressional spending decision — that was true in 1789, and McMahon has now said so again.