Trump’s mandate that agencies cut off funding for ‘equity-related’ grants and contracts probably violates the First and Fifth Amendments, a federal judge said.
A federal judge has expanded his previous ruling blocking President Donald Trump’s executive orders that seek to roll back diversity, equity, and inclusion (DEI) programs, extending the prohibition to all federal agencies, departments, and commissions.
U.S. District Judge Adam B. Abelson in Maryland issued a
clarified preliminary injunction on March 10, confirming that his Feb. 21
order applies not only to the federal entities named in the lawsuit but to all executive branch agencies carrying out Trump’s executive orders targeting DEI-related federal funding and policies.
The ruling comes as part of an ongoing lawsuit, National Association of Diversity Officers in Higher Education v. Trump, in which higher education groups, civil rights organizations, and the City of Baltimore challenged Trump’s executive actions as unconstitutional. The plaintiffs argue that the orders restrict free speech, exceed the president’s authority, and create confusion for grant recipients and contractors who rely on federal funding.
“The President can have his own views about these matters. He can try to make his views into policy. But he cannot seize Congress’s power of the purse. He cannot deny due process to millions of Americans. And he cannot abridge or disrupt the free speech of those who disagree,” the plaintiffs wrote in their original
complaint.
The case stems from Trump’s sweeping effort to dismantle DEI policies implemented under President Joe Biden. Trump’s Executive Order
14151 directs federal agencies to terminate all “environmental justice” and DEI-related offices and positions, as well as all “equity-related” grants and contracts. Executive Order
14173 bars federal funding for organizations promoting DEI and calls for civil rights enforcement actions against DEI programs that allegedly violate anti-discrimination laws.
In his
inaugural address, Trump pledged to “end the government policy of trying to socially engineer race and gender into every aspect of public and private life.”
“We will forge a society that is colorblind and merit-based,” Trump said.
Trump’s anti-DEI policies have triggered a number of lawsuits.
In response to the original
complaint filed on Feb. 3 by the National Association of Diversity Officers in Higher Education, Abelson
granted a preliminary injunction on Feb. 21, after
determining that Trump’s executive actions likely violate the U.S. Constitution, including the First Amendment’s protections of free speech.
In the clarified ruling issued on March 10, Abelson reaffirmed that Trump’s Termination Provision, which mandates agencies to cut off funding for “equity-related” grants and contracts, likely violates the First and Fifth Amendments. The judge previously noted that the vague wording of the executive orders leaves organizations unsure about what constitutes an illegal DEI practice, making compliance difficult.
The White House did not respond to a request for comment on the clarified ruling by publication time.
In previous court
filings, the Trump administration argued that it is only targeting DEI programs that impose race- or gender-based preferences in violation of federal civil rights laws.
“Plaintiffs’ requested relief is neither in the public interest nor equitable,” attorneys representing the Trump administration wrote in their brief. “The public would suffer harm if the Government is enjoined from following the President’s directive to enforce and effectuate antidiscrimination laws.”
With the expanded injunction now in effect, the Trump administration could challenge the ruling in appellate court.
