(CNN) – The federal court of appeals allows the Trump administration to implement orders from the president that cracks down on diversity, equity and inclusion programs as an appeal that suspends the rulings on which these orders take place.
Two of the three judges on the 4th U.S. Circuit Court of Appeals panel wrote consent opinions raising concerns about the anti-DEI directive.
The Circuit Order is a major victory for President Donald Trump, who made the elimination of the DEI program a centre of his administration.
The directive laid out in the two executive orders directed the agencies to take measures targeting DEI programs, including those run by government contractors. The February ruling of US District Judge Adam Abelson said the government could not freeze or cancel “stock-related” contracts and could not request grant recipients to prove that their programs would not promote DEI. He also banned the administration from bringing false claims enforcement measures related to anti-DEI certification requirements.
The Fourth Circuit said it would consider the merits of Abelson’s ruling on a quick timeline.
Obama’s appointee, Supreme Court Justice Albert Diaz, wrote a consensus comment praised efforts to promote diversity, saying “There should be room for public debate and principled debate over the DEI program.” However, he repeated the consent of fellow appeal panel judge Pamela Harris by increasing the likelihood of constitutional violations depending on how Trump’s orders are carried out. Consent views from Obama’s appointee Harris noted that some of Trump’s instructions appear to be limited in scope as their language was specifically aimed at “perpets that violate existing federal anti-discrimination laws.”
Third member of the panel, Trump-appointed Judge Alison Rush, highlighted the panel’s conclusion that the president’s orders are likely not violating the Constitution, and she swipes through Diaz to praise the diversity program.
The case was brought by the City of Baltimore, two Educational Associations and the Restaurant Association, alleging various constitutional violations regarding the order.
This story has been updated with additional details.
CNN Wire
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