DOGE used ChatGPT in a way that was both dumb and illegal, judge rules
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- Judge McMahon ruled the Department of Government Efficiency’s cancellation of over $100 million in NEH grants violated the Constitution.
- DOGE used ChatGPT to label NEH grant proposals as DEI‑related by prompting “Does the following relate at all to DEI?” and then disqualifying them.
- Justin Fox testified that he and colleague Nate Cavanaugh eliminated 97 % of NEH grants by running each description through ChatGPT and applying “Detection Codes” like “BIPOC”, “LGBTQ”, and “Indigenous”.
- Judge McMahon determined that DOGE’s process treated grants tied to protected groups as “wasteful,” violating statutory protections.
- NEH funding of over $100 million that had been cut is reinstated by the court’s decision.
Why it matters: Humanities scholars and cultural institutions regain $100 M in NEH funding, while DOGE’s credibility plummets and agencies face tighter oversight on AI‑driven decision‑making and must develop transparent criteria to avoid future constitutional challenges.
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