WASHINGTON — In a legal victory for the Trump administration, an appeals court on Friday overturned the block on executive orders aimed at curtailing government support for diversity, equity, and inclusion (DEI) programs. This decision follows a series of legal challenges against President Donald Trump’s policies.
The ruling by the three-judge panel allows the executive orders to be implemented while the lawsuit against them proceeds. The appellate judges suspended a nationwide injunction previously issued by U.S. District Judge Adam Abelson of Baltimore.
Two judges from the 4th U.S. Circuit Court of Appeals acknowledged that Trump’s stance against DEI could potentially raise First Amendment concerns, but they determined that Judge Abelson’s comprehensive block was too broad.
Judge Pamela Harris stated, “My vote should not be interpreted as an endorsement of the orders’ attack on efforts to advance diversity, equity, and inclusion.” The panel included two Obama appointees and one Trump appointee.
Judge Abelson had previously concluded that the orders likely infringed upon free-speech rights and were unconstitutionally vague due to the lack of a clear DEI definition.
On his first day in office, Trump signed an order instructing federal agencies to end all grants or contracts related to “equity.” He later issued another order requiring federal contractors to certify that they do not promote DEI.
The city of Baltimore and other groups initiated a lawsuit against the Trump administration, asserting that the executive orders represent an unconstitutional overreach of presidential power.
The Justice Department has maintained that the president’s focus was solely on DEI programs that violate federal civil rights laws. Government lawyers argued that the administration should have the authority to align federal spending with the president’s priorities.
Judge Abelson, appointed by Democratic President Joe Biden, sided with the plaintiffs, agreeing that the executive orders discourage businesses, organizations, and public entities from openly supporting diversity, equity, and inclusion.
Republicans have long criticized diversity initiatives, arguing that they threaten merit-based hiring, promotion, and educational opportunities for white individuals. Supporters contend that these programs assist institutions in meeting the needs of increasingly diverse populations while addressing the persistent effects of systemic racism.
The aim of DEI initiatives is to cultivate equitable environments in businesses and schools, particularly for historically marginalized communities. Researchers note that DEI initiatives originated in the 1960s but expanded significantly in 2020 amid increased demands 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 nationwide.
—Associated Press writer Lea Skene contributed to this story.