Government Efficiency, Executive Orders, and Legal Challenges: Analyzing DOGE's Impact

Background

POLITICO Pro held a briefing on the Department of Government Efficiency (DOGE) and its role in government transformation and the courts. Politico staff discussed the effect that DOGE is beginning to have on the country and analyzed what is happening behind the scenes. 

New Executive Orders

Two new executive orders have come out this week that are aimed at government regulation and control over independent agencies. 

The executive order of regulation and deconstruction of the admin is designed to review federal regulation from top to bottom. With a sweeping executive order, the extent of reach from this remains to be determined. Politico White House Reporter, Morgan Messerly, claimed that this order is an intent to dismantle the ‘4th branch’ of government and control the bureaucracy. 

Another order that was released is an attack on independent agencies. Politico staff suggested that this order is a means of manifesting unitary executive control, which is a system where the president has full control over the executive branch. The order will still leave some regulation up to independent agencies, but it is toeing the line of full control within the executive branch. 

Court Cases 

It is no surprise that many of the executive orders from the Trump Administration have been dealt with through litigation in recent weeks. With around 80 cases challenging these orders, the courts have their hands full. Josh Gordon touched on the cases that have gained traction in the court. 

The main case that has found ground in its challenge is USAID’s case against the federal freezing grant. The Courts blocked the freezing of federal grants, however many individuals are not seeing the funds coming through and it is causing concern that the white house may not be respecting the rulings by the court. Gordon noted that the Court can issue injunctions on agencies to get funding back through and to enforce their decisions. 

Healthcare

David Lim discussed the impact of the funding cuts to HHS with hundreds of people being laid off from their jobs. This is affecting the FDA specifically as this will slow their medical product review moving forward. He also explained that if they cannot rehire people, they could lose the money for their review. The pharmaceutical side has taken precaution in criticizing the administration but the medical industry has been very vocal in its concerns for workers. 

The Trump Administration announced that it would take a different approach to HHS cuts by exempting CDC employees, FDA scientists, frontline health workers, and Medicare employees. The administration is concerned with the implications of the healthcare system and is adopting a more sensitive approach compared to other federal departments and agency cuts. 

At the USDA, individuals involved in the avian flu research have been rehired and Lim is curious to see if similar moves will be made in the FDA. 

 So far, the administration has treaded lightly around making rash decisions on healthcare, but Messerly expressed her concern for how it will increase in the weeks to come. She explained that the administration has gone after low hanging fruit so far but will begin to make cuts to healthcare, education, and defense soon. 

Many individuals are yet to see the effects of the spending cuts that have been made but as the cuts begin to touch healthcare, we will see the real world challenges that may affect many Americans. 

DOGE & Elon Musk

The role of Elon Musk within the DOGE has been debated among many. Staffers explained that from their analysis, on the legal side, Musk is officially listed as an ‘advisor of the President’ within the white house itself. However, from a social and public standpoint, Musk takes ownership of DOGE and President Trump has announced him as the leader of DOGE. 

Gordon explained that by legally declaring Elon Musk as an advisor creates ‘legal insulation’ for communications with President Trump and White House officials. Only if he is listed under a specific agency, would his records be available to those seeking it. 

A concern was also voiced on the targeting of diminishing ‘fraud, waste, and abuse.’ DOGE is making workforce cuts in an attempt to cut funding but in the large scale, this cost is only a drop in the bucket. Messerly commented that many are concerned with the DOGE not targeting the areas with the most fraud and waste.