An appeals court on Friday lifted a block on executive orders seeking to end government support for diversity, equity and inclusion (DEI) programs, handing the Trump administration a win after a string of setbacks from dozens of lawsuits.
The decision from a three-judge panel allows the orders to be enforced as a lawsuit challenging them plays out. The appeals court judges halted a nationwide injunction from US district judge Adam Abelson in Baltimore.
Two of the judges on the fourth US circuit court of appeals wrote that Trump’s anti-DEI push could eventually raise concerns about first amendment rights but said the judge’s sweeping block went too far.
“My vote should not be understood as agreement with the orders’ attack on efforts to promote diversity, equity, and inclusion,” Judge Pamela Harris wrote. Two of the panel’s members were appointed by Barack Obama, while the third was appointed by Trump.
Abelson had found the orders likely violated free speech rights and were unconstitutionally vague since they didn’t have a specific definition of DEI.
Trump signed an order his first day in office directing federal agencies to terminate all “equity-related” grants or contracts. He signed a follow-up order requiring federal contractors to certify that they don’t promote DEI.
The city of Baltimore and other groups sued the Trump administration, arguing the executive orders are an unconstitutional overreach of presidential authority.
The justice department has argued that the president was targeting only DEI programs that violate federal civil rights laws. Government attorneys said the administration should be able to align federal spending with the president’s priorities.
Abelson, who was nominated by Joe Biden, agreed with the plaintiffs that the executive orders discourage businesses, organizations, and public entities from openly supporting diversity, equity and inclusion.
Efforts to increase diversity long have been under attack by Republicans, who contend the measures threaten merit-based hiring, promotion and educational opportunities for white people. Supporters say the programs help institutions meet the needs of increasingly diverse populations while addressing the lasting impacts of systemic racism.
Their purpose was to foster equitable environments in businesses and schools, especially for historically marginalized communities. Researchers say DEI initiatives date back to the 1960s but were expanded in 2020 during increased calls for racial justice.
In addition to the mayor and the Baltimore city council, the plaintiffs include the National Association of Diversity Officers in Higher Education, the American Association of University Professors and the Restaurant Opportunities Centers United, which represents restaurant workers across the country.
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