Appeals court rules Trump can implement anti-DEI executive orders for now
After a series of setbacks defending President Trump’s agenda in court, an appeals court on Friday lifted a block on executive orders aimed at ending government support for diversity, equity, and inclusion programs. This decision from a three-judge panel allows the orders to be enforced while a lawsuit challenging them plays out, overturning a nationwide injunction from U.S. District Judge Adam Abelson in Baltimore.
While two of the judges on the 4th U.S. Circuit Court of Appeals expressed concerns about potential First Amendment issues arising from the anti-DEI push, they believed that Judge Abelson’s injunction was overly broad. Judge Pamela Harris, one of the panel members, clarified that her vote should not be seen as agreement with the orders’ stance against promoting diversity, equity, and inclusion.
President Trump initially signed an order on his first day in office instructing federal agencies to terminate all “equity-related” grants or contracts. This was followed by another order requiring federal contractors to confirm that they do not promote DEI. The city of Baltimore and various groups challenged these orders, arguing that they exceed presidential authority and are unconstitutional.
The Justice Department defended the orders by stating that they target DEI programs that violate federal civil rights laws. They argued that the administration should have the ability to align federal spending with the president’s priorities. However, Judge Abelson, nominated by President Biden, sided with the plaintiffs, stating that the orders discourage public entities from openly supporting diversity, equity, and inclusion.
Efforts to increase diversity have faced opposition from Republicans who believe that such measures jeopardize merit-based opportunities for white individuals. On the other hand, supporters argue that DEI programs are essential for creating equitable environments in businesses and schools, particularly for historically marginalized communities. These initiatives, which have been around since the 1960s, gained momentum in 2020 amidst heightened calls for racial justice.
Plaintiffs in the lawsuit against the Trump administration include the mayor and City Council of Baltimore, the National Association of Diversity Officers in Higher Education, the American Association of University Professors, and the Restaurant Opportunities Centers United. These groups advocate for DEI initiatives as a means of addressing systemic racism and promoting inclusivity.
