The appeals court on Friday unblocked the executive order calling for an end to government support for the Diversity, Equity and Inclusion (DEI) program, handing the Trump administration a victory after a series of set-offs from dozens of lawsuits.
With a decision from the three judge panel, the order can be enacted as a lawsuit challenging them. The Court of Appeal judge has suspended a nationwide injunction from Baltimore US District Judge Adam Abelson.
Two judges on the U.S. Court of Appeals for the Fourth Circuit wrote that Trump’s anti-DEI push could ultimately raise concerns about First Amendment rights, but said the judge’s swept block went too far.
“My vote should not be understood as an agreement with an attack on the order on efforts to promote diversity, equity and inclusion,” wrote Judge Pamela Harris. Two of the panel members were appointed by Barack Obama, while the third was appointed by Trump.
Abelson discovered that the order was likely to violate his right to free speech and was unconstitutional and ambiguous because he had no particular definition of DEI.
Trump signed the order on his first day in the office instructing federal agencies to terminate all “stock-related” grants or contracts. He has signed a follow-up order requiring federal contractors to prove they are not advertising the DEI.
Baltimore and other groups sued the Trump administration, claiming that the executive order is an unconstitutional overview of presidential authorities.
The Justice Department argues that the president is targeting only DEI programs that violate federal civil rights laws. Government lawyers said the administration should be able to align federal spending with the president’s priorities.
Appointed by Joe Biden, Abelson agreed to the plaintiffs that the executive order discourages businesses, organizations and public agencies from openly supporting diversity, equity and inclusion.
Efforts to increase diversity for a long time have been under attack by Republicans. Republicans advocate for measures that threaten white people’s merit-based employment, promotions and educational opportunities. Supporters say the program will help institutions address the lasting impacts of systemic racism while meeting the needs of increasingly diverse groups.
Their aim was to promote a fair environment for businesses and schools, particularly for historically marginalized communities. Researchers say the DEI initiative dates back to the 1960s, but expanded in 2020 amid increasing demands for racial justice.
Plaintiffs include the Mayor and Baltimore City Council, as well as the National Association of Diversity Officers in Higher Education, the American Association of University Professors, and Restaurant Opportunity Center United, representing restaurant workers across the country.
