DOGE used ChatGPT in a way that was both dumb and illegal, judge rules

The Verge / 5/9/2026

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Key Points

  • A US district judge ruled that the Department of Government Efficiency’s cancellation of more than $100 million in grants was unconstitutional.
  • In the 143-page decision, Judge Colleen McMahon said DOGE used ChatGPT in its grant-elimination process, including assessing whether awards were related to DEI.
  • The court found it “could not be more obvious” that DOGE relied on the presence of protected characteristics to disqualify grants from continued funding under the National Endowment for the Humanities.
  • The ruling follows a 2025 lawsuit by humanities groups challenging DOGE’s grant actions and methods.
Illustration of Cheems meme in front of the words “Department of Governmental Efficiency”.

The Department of Government Efficiency's cancellation of over $100 million in grants was unconstitutional, according to a ruling on Thursday. In the 143-page decision, US District Judge Colleen McMahon cites DOGE's process for eliminating grants, which involved using ChatGPT to determine if something is related to diversity, equity, and inclusion (DEI).

The ruling, which stems from a 2025 lawsuit filed by humanities groups, says "it could not be more obvious that DOGE used the mere presence of particular, protected characteristics to disqualify grants from continued funding" from the National Endowment for the Humanities (NEH). Judge McMah …

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