Appeals Court Rejects Challenge to Trump-Era DEI Ban
A federal appeals court has rejected a legal challenge to the Trump administration's directive that aimed to ban diversity, equity, and inclusion (DEI) programs within federal agencies and for businesses holding government contracts.
Court Decision Overturns Injunction
The 4th U.S. Circuit Court of Appeals, based in Richmond, Virginia, has overturned a preliminary injunction. This injunction had previously blocked the implementation of former President Trump's executive orders, which sought to eliminate DEI programming in both government and private sectors.
In March 2025, the appeals court had temporarily halted the preliminary injunction, originally issued by U.S. District Judge Adam Abelson in Baltimore, while it considered the government's appeal.
Democracy Forward, a liberal legal organization representing the plaintiffs, stated it is reviewing the court's decision. The White House did not provide an immediate comment.
Background of the Lawsuit
The initial lawsuit challenging the directives was filed by the city of Baltimore, the National Association of Diversity Officers in Higher Education, and the American Association of University Professors.
The plaintiffs contested specific provisions of the executive orders. These provisions directed federal agencies to dismantle DEI programs, mandated certification from government contractors and grant recipients that they do not operate such programs, and required collaboration with the Justice Department to discourage DEI initiatives and investigate companies with related policies.
Judge Abelson had previously determined that the directives likely infringed upon the U.S. Constitution's First Amendment free speech protections and established vague standards non-compliant with the Fifth Amendment's due process requirements.
Appeals Court Reasoning
However, U.S. Circuit Judge Albert Diaz, writing for the appeals panel, indicated that the Trump administration's directives could not be challenged directly. Instead, he stated that challenges should be based on how agencies apply these directives to individual grant recipients.
"President Trump has decided that equity isn't a priority in his administration and so has directed his subordinates to terminate funding that supports equity-related projects to the maximum extent allowed by law."
Judge Diaz added that evaluating the soundness of this policy was not the court's role.
In a separate concurring opinion, Judge Diaz, an appointee of former President Barack Obama, stated he reached his conclusion "reluctantly." He noted that the evidence suggested a "sinister story" leading to the termination of important programs through keyword-based directives.
Diaz concluded his opinion by addressing those potentially disappointed by the outcome, advising them to "follow the law," "continue your critical work," "keep the faith," and "depend on the Constitution."