Judge rules DOGE’s ChatGPT-driven DEI grant purge unconstitutional, reversal ordered

A federal judge ruled that the Department of Government Efficiency’s cancellation of more than 1,400 National Endowment for the Humanities grants was unconstitutional, finding DOGE used ChatGPT to identify DEI-related material and revoked funding based on protected characteristics. The staff employed prompts like “Does this relate to DEI?” and used “Detection Codes” (e.g., BIPOC, Minorities, LGBTQ) to label grants as wasteful, effectively making AI the government’s instrument. The judge rejected the argument that ChatGPT’s role insulated DOGE from constitutional constraints, calling the use of AI a government action and ordering the grants restored on First Amendment and Fifth Amendment equal protection grounds, citing lack of statutory authority.