Donald Trump Scores Major DEI Legal Win

The Trump administration won a major legal victory on Friday when an appeals court lifted an injunction blocking enforcement of the president’s executive orders terminating federal diversity, equity and inclusion (DEI) related contracts and programs.

Newsweek contacted the Department of Justice press office for comment via online inquiry form outside of regular office hours on Saturday.

Why It Matters

Since his inauguration on January 20, President Trump has signed an array of executive orders covering topics including DEI, transgender rights and federal employment.

However a number of these have been stalled or blocked outright by the courts with judges ruling this week in two separate cases that probationary employees fired from a number of federal agencies on the Trump administration’s orders should be rehired. As the Republicans control both chambers of Congress the courts have arguably emerged as the main impediment to Trump’s policy agenda.

What To Know

On Friday, an appeals court with a three-judge panel, removed a nationwide preliminary injunction to Trump’s executive order regarding the termination of DEI programs which had been imposed by U.S. District Judge Adam Abelson in Baltimore.

The decision by the 4th U.S. Circuit Court of Appeals means Trump’s executive orders instructing federal agencies to terminate any “equity-related” grants, and requiring federal contractors to certify they a don’t promote DEI, can take effect.

Of the three ruling judges, two had been appointed by President Obama, while the other was appointed by Trump during his first administration. Two of the judges wrote that Trump’s executive orders targeting DEI raised concerns regarding First Amendment protections, but concluded Abelson’s initial block had gone too far.

When issuing her preliminary injunction Abelson concluded Trump’s executive orders were both excessively vague, as they didn’t provide a clear definition of DEI, and likely violated the First Amendment on free expression.

While the appeals court has overturned Abelson’s preliminary injunction, it has not ruled on the merits of the wider case, meaning the block could potentially be reimposed at a later date.

The initial case which led to Abelson’s injunction was brought by the Baltimore Mayor and city council, along with a number of organizations including the National Association of Diversity Officers in Higher Education.

On the day of his inauguration Trump signed an executive order titled “Ending Radical And Wasteful Government DEI Programs And Preferencing,” which required all DEI employees to be put on paid leave then laid off.

One day later, on January 21, Trump signed the Ending Illegal Discrimination and Restoring Merit-Based Opportunity executive order which put further restraints on DEI initiatives.

What People Are Saying

Judge Pamela Harris, one of three that made the decision, said: “My vote should not be understood as agreement with the orders’ attack on efforts to promote diversity, equity, and inclusion.”

In a statement released earlier this month the White House said President Trump had: “declared an end to lower standards in the name of discriminatory ‘diversity, equity, and inclusion’ (DEI) initiatives.”

What Happens Next

As Republicans have a majority in both chambers of Congress the legal system is likely to continue to be one of the main obstructions faced by the Trump administration over the coming months. Trump’s DEI executive orders could still be ruled as unconstitutional when judges rule on the merits of the case itself, rather than the initial injunction.