An appeals court on Friday lifted a block on executive orders seeking to end government support for diversity, equity, and inclusion programs, handing the Trump administration a win after a string of setbacks defending President Trump's agenda from dozens of lawsuits. The decision from a three-judge panel allows the orders to be enforced as a lawsuit challenging them plays out. The appeals court judges halted a nationwide injunction from US District Judge Adam Abelson in Baltimore. Two of the 4th US Circuit Court of Appeals judges wrote that Trump's anti-DEI push could eventually raise concerns about First Amendment rights but said the judge's sweeping block went too far, the AP reports.
"My vote should not be understood as agreement with the orders' attack on efforts to promote diversity, equity, and inclusion," Judge Pamela Harris wrote. Two of the panel's members were appointed by President Barack Obama, while the third was appointed by Trump. Abelson had found the orders likely violated free-speech rights and are unconstitutionally vague since they don't have a specific definition of DEI. Trump signed an order his first day in office directing federal agencies to terminate all "equity-related" grants or contracts. He signed a follow-up order requiring federal contractors to certify that they don't promote DEI.
The lawsuit argues that the executive orders are an unconstitutional overreach of presidential authority, per the AP. The Justice Department has argued that the president was targeting only DEI programs that violate federal civil rights laws. Government attorneys said the administration should be able to align federal spending with the president's priorities. In addition to the Baltimore City Council and mayor, plaintiffs include the National Association of Diversity Officers in Higher Education, the American Association of University Professors, and the Restaurant Opportunities Centers United, which represents restaurant workers across the country. (More Trump administration stories.)