A federal appeals court has allowed the Trump administration to move forward with its directives targeting diversity, equity, and inclusion (DEI) programs while an appeal of a lower court’s ruling is pending.
The decision from the 4th US Circuit Court of Appeals marks a significant victory for President Trump, who has made the elimination of DEI programs a key focus of his administration. The directives, issued through two executive orders, aim to curtail DEI initiatives, including those run by government contractors.
The 4th Circuit’s ruling temporarily lifts a previous decision by US District Judge Adam Abelson, which had blocked the government from freezing or canceling “equity-related” contracts or requiring grant recipients to certify that their programs do not promote DEI. Abelson also prohibited the administration from pursuing False Claims Act enforcement actions regarding the anti-DEI certification. The 4th Circuit panel, however, stated that it would review Abelson’s ruling quickly.
In their concurring opinions, two of the judges expressed concerns about the potential constitutional implications of the directives. Chief Judge Albert Diaz, appointed by Obama, acknowledged the value of promoting diversity and emphasized the importance of open discussions on DEI. However, he and Judge Pamela Harris, also an Obama appointee, raised concerns about potential constitutional violations, particularly regarding how the orders might be implemented. Meanwhile, Judge Allison Rushing, a Trump appointee, supported the panel’s conclusion that the orders likely do not violate the Constitution and criticized Diaz’s praise of diversity programs. The case was brought by the city of Baltimore, education associations, and a restaurant group, who argued that the orders violate constitutional rights.
