Court Lifts Trump DEI Executive Order Injunction

A federal appeals court lifted a preliminary injunction March 14 that blocked the Trump administration from enforcing executive orders ending government support for diversity, equity, and inclusion programs.

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously stayed enforcement of an injunction issued by a Maryland district court judge Feb. 21.

The appellate court’s decision allows the administration to enforce its DEI policies while litigation challenging those executive orders continues.

In separate opinions, the justices suggested that an injunction was premature, while warning that “aggressive” enforcement could violate free speech or other rights.

“The challenged executive orders, on their face, are of distinctly limited scope,” wrote Judge Pamela Harris.

“Agency enforcement actions that go beyond the orders’ narrow scope may well raise serious First Amendment and due process concerns.”

Injunction

The appellate court’s action addressed the nationwide injunction issued by U.S. District Judge Adam Abelson last month.

Abelson found that provisions in two executive orders—issued in the first two days of the Trump administration—were constitutionally vague and likely violated First Amendment free speech rights.

One executive order, issued Jan. 20, directed federal agencies to terminate all equity-related grants or contracts.

One of the directives repealed a 1965 executive order establishing affirmative action requirements for government contractors.

The following day, another order directed federal contractors to certify they do not promote DEI initiatives, exposing employers to potential liability under the False Claims Act.

The Jan. 21 directive repealed a 1965 executive order that first established affirmative action requirements for government contractors.

That executive order also required federal agencies to identify up to nine private-sector employers for potential “civil compliance investigations.”

Abelson issued the injunction in response to a lawsuit filed Feb. 3 by Baltimore’s mayor and city council and a coalition of DEI advocates.