On Friday, a federal judge temporarily blocked implementation of President Donald Trump’s executive orders on ending Diversity, Equity and Inclusion efforts nationwide.
The ruling by U.S. District Judge Adam Abelson in Baltimore came in response to a lawsuit filed by Democracy Forward on behalf of the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Centers United and the mayor and City Council of Baltimore.
The Trump administration’s executive orders and their implementation “have already wreaked havoc: the government has begun to freeze, or even terminate, grants and contracts; the livelihoods of plaintiffs’ members, and countless others, are in imminent danger; and individuals and institutions are forced to censor themselves for fear of losing federal funding or being targeted by imminent federal investigations,” a release from Democracy Forward stated.
Skye Perryman
“Our Constitution protects all Americans — whether you are a university professor or a restaurant worker — from unlawful intrusion on speech, ideas and expression and entitles all Americans to fair process. The Trump administration’s anti-equity directives violate these core protections,” said Skye Perryman, president of Democracy Forward. “We are grateful for the court’s decision to pause these harmful executive orders while it takes a careful look at how the orders blatantly violate our Constitution. As our complaint states, in the United States, there is no king.”
According to the Associated Press, Judge Abelson found Trump’s orders likely carry constitutional violations, including against free-speech rights.
Abelson found reason to believe the orders are unconstitutionally vague, leaving federal contractors and grant recipients with “no reasonable way to know what, if anything, they can do to bring their grants into compliance,” AP reported.
According to The Hill, “Abelson’s Friday ruling does not prevent the Department of Justice from compiling and probing schools and corporations’ DEI efforts, but it prevents enforcement.”
Scores of DEI initiatives already have been halted nationwide in response to Trump’s order and in response to threats of further action against any entity that doesn’t suit his agenda. The temporary pause doesn’t resolve the case but gives advocates of DEI programs more time while the legal case works through the courts.
Abelson’s ruling does allow for the attorney general to investigate and prepare a report on DEI practices in accordance with one of the orders, but it blocks enforcement.
For now, this gave plaintiffs in the case hope.
“Equity, diversity and inclusion are the very goals of federal anti-discrimination law, not a violation of the law.”
“This ruling underscores that ensuring equity, diversity and inclusion are the very goals of federal anti-discrimination law, not a violation of the law,” said NADOHE President Paulette Granberry Russell. “NADOHE applauds the court for recognizing the irreparable harm of the Trump administration’s executive orders in abridging and chilling unquestionably protected speech and in threatening enforcement action based on unconstitutionally vague and undefined standards. This ruling is a crucial victory for higher education and academic freedom.”
Aaron Nisenson, senior counsel with American Association of University Professors, said: “We are proud of the nation’s courts, the lawyers and our courageous faculty members who stepped forward to oppose these policies. One of the attempts by the administration to impose their political agenda on higher education has been thwarted. But we must continue to fight to maintain the independence of our institutions and the principles of freedom and democracy in this country.”
“Our country prides itself on being a melting pot where everyone has equal opportunity to achieve and live the American Dream,” said Baltimore Mayor Brandon Scott. “However, our past and present teach us that this hasn’t always been the case. Diversity, equity and inclusion efforts were never about providing opportunities to unqualified individuals but about ensuring that qualified individuals from diverse backgrounds were not passed over for those less qualified who met the status quo.”
“This executive order endangers critical federal funding for Baltimore and countless other communities, putting jobs and livelihoods at risk,” he added. “Moreover, it seeks to establish a legal framework to attack anyone or any organization that dares to celebrate our diversity. Such actions are fundamentally un-American.”
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