Appeals court reinstates portions of Trump’s DEI orders
A federal appeals court Friday reinstated portions of President Trump’s executive orders targeting diversity, equity and inclusion (DEI) programs that were blocked by a lower court.
The unanimous three-judge panel on the 4th U.S. Circuit Court of Appeals found the administration is likely to succeed in its February appeal, though the two judges appointed by Democratic presidents made clear a challenge could still succeed in the future.
“But my vote to grant the stay comes with a caveat,” wrote U.S. Circuit Judge Pamela Harris, an appointee of former President Obama. “What the Orders say on their face and how they are enforced are two different things. Agency enforcement actions that go beyond the Orders’ narrow scope may well raise serious First Amendment and Due Process concerns.”
U.S. Circuit Judge Albert Diaz, another Obama appointee, said he agreed and raised concerns about the recent attacks on DEI, saying such programs seem "to be (at least to some) a monster in America’s closet."
“And despite the vitriol now being heaped on DEI, people of good faith who work to promote diversity, equity, and inclusion deserve praise, not opprobrium,” Diaz wrote in a separate opinion.
But the third judge on the panel, U.S. Circuit Judge Allison Jones Rushing, a Trump appointee, chastised her colleague for praising DEI, saying it “should play absolutely no part in deciding this case.”
“We must not lose sight of the boundaries of our constitutional role and the imperative of judicial impartiality,” Rushing wrote. “Any individual judge’s view on whether certain Executive action is good policy is not only irrelevant to fulfilling our duty to adjudicate cases and controversies according to the law, it is an impermissible consideration.”
The lawsuit was filed by Baltimore’s mayor and city council alongside three national associations in early February, shortly after Trump signed a series of anti-DEI orders during his first days in office. Friday marks the first time an appeals court has weighed in on the orders, though several other lawsuits remain in earlier stages.
A spokesperson for the Democracy Forward Foundation, a left-leaning legal organization that represents the plaintiffs and has filed many lawsuits against the new administration, said the group was reviewing the decision.
The Justice Department appealed after U.S. District Judge Adam Abelson, an appointee of former President Biden, blocked certain provisions of the executive orders, including ones that ensured federal grants do not go toward efforts viewed as DEI-related.
Abelson found the challenged provisions were likely to violate both free speech protections under the First Amendment and due process protections under the Fifth Amendment.
The new ruling lasts until the 4th Circuit can fully resolve the Trump administration’s appeal in full.
Topics
-
Appeals Court Allows Trump Administration’s DEI Crackdown to Proceed, but Judges Debate DEI Merits
Three judges on a Virginia appeals panel agreed to let the Trump administration orders move forward but were sharply divided on the values of diversity, equity and inclusion.The New York Times - 7h -
Appeals court allows Trump administration to enforce ban on DEI programs, for now
The court temporarily allowed a ban on DEI programs at federal agencies and businesses with government contracts, which had been blocked by a judge.NBC News - 8h -
Appels Court Allows Trump to Enforce DEI Program Ban
An appeals court ruled that Trump could temporarily implement his DEI program ban.Inc. - 5h -
Appeals court rules Trump can implement anti-DEI executive orders for now
The decision from the three-judge panel allows the orders to be enforced as a lawsuit challenging them plays out.CBS News - 6h -
Trump admin live updates: Appeals court allows Trump to enact anti-DEI exec orders
In a new Truth Social post Friday morning, President Donald Trump suggested that former President Joe Biden and other former administration officials should go to jail.ABC News - 7h -
White House vows to fight ruling that requires government reinstate fired probationary workers
The White House on Friday vowed to appeal the federal court rulings that required the Trump administration to reinstate probationary government employees who judges said were fired unlawfully at ...The Hill - 16h -
Trump asks Supreme Court to intervene in birthright citizenship cases
The Trump administration asked the Supreme Court to limit three lower court orders that blocked enforcement of his birthright citizenship executive order nationwide.CBS News - 1d -
Judges order Trump to rehire thousands of fired federal workers
Two federal courts are ruling that the firings of probationary federal workers were improper and that tens of thousands of those employees must be immediately reinstated. The Trump administration ...NBC News - 20h -
With mass rehirings ordered and a plea to the Supreme Court, Trump's court fights scale new heights
Judges this week ordered the government to reinstate thousands of workers, while the administration turned to the Supreme Court for help rolling back judicial powers.NBC News - 14h
More from The Hill
-
Trump rolls back over a dozen Biden-era executive orders, actions
President Trump rolled back on Friday over a dozen former executive orders and directives signed by former President Biden focused on gender, labor policies and industry regulations. Trump signed ...The Hill - 4h -
Senate GOP campaign arm targets Ossoff over vote against funding bill in digital ad
The National Republican Senatorial Committee (NRSC) targeted Georgia Sen. Jon Ossoff (D-Ga.) in a new digital ad on Friday over his vote against a GOP-crafted bill to fund the government through ...The Hill - 7h -
Rubio declares South African ambassador to US 'persona non grata' over Trump comments
Secretary of State Marco Rubio declared South African ambassador to the U.S. Ebrahim Rasool “persona non grata” and accused the diplomat of being a “race-baiting politician” over his recent ...The Hill - 7h -
Schumer brushes off leadership questions: ‘My caucus and I are in sync’
Senate Minority Leader Chuck Schumer (D-N.Y.) brushed off questions surrounding his leadership and defended his decision to vote to advance the six-month GOP-crafted continuing resolution (CR) that ...The Hill - 8h -
Congress averts a shutdown — but Democratic divisions ensue: 5 takeaways
The Senate approved a House GOP-crafted spending bill hours before the shutdown deadline Friday evening, capping off the first funding fight of President Trump’s second term — a saga that ripped ...The Hill - 9h
More in Politics
-
Trump rolls back over a dozen Biden-era executive orders, actions
President Trump rolled back on Friday over a dozen former executive orders and directives signed by former President Biden focused on gender, labor policies and industry regulations. Trump signed ...The Hill - 4h -
Senate GOP campaign arm targets Ossoff over vote against funding bill in digital ad
The National Republican Senatorial Committee (NRSC) targeted Georgia Sen. Jon Ossoff (D-Ga.) in a new digital ad on Friday over his vote against a GOP-crafted bill to fund the government through ...The Hill - 7h -
Rubio declares South African ambassador to US 'persona non grata' over Trump comments
Secretary of State Marco Rubio declared South African ambassador to the U.S. Ebrahim Rasool “persona non grata” and accused the diplomat of being a “race-baiting politician” over his recent ...The Hill - 7h -
Schumer brushes off leadership questions: ‘My caucus and I are in sync’
Senate Minority Leader Chuck Schumer (D-N.Y.) brushed off questions surrounding his leadership and defended his decision to vote to advance the six-month GOP-crafted continuing resolution (CR) that ...The Hill - 8h -
Congress averts a shutdown — but Democratic divisions ensue: 5 takeaways
The Senate approved a House GOP-crafted spending bill hours before the shutdown deadline Friday evening, capping off the first funding fight of President Trump’s second term — a saga that ripped ...The Hill - 9h