On Friday, an appellate court removed the restrictions on President Donald Trump’s executive orders that eliminate federal funding for diversity, equity, and inclusion (DEI) initiatives.
A three-judge panel decided that the orders can be implemented while a lawsuit is still underway, overturning a nationwide injunction issued by U.S. District Judge Adam Abelson in Baltimore, as reported by the Associated Press.
Two judges from the 4th U.S. Circuit Court of Appeals expressed that the orders “could raise concerns” regarding First Amendment rights but concluded that Abelson’s “broad injunction was excessive,” according to the report.
President Donald Trump has implemented extensive measures to dismantle DEI initiatives throughout the federal government since taking office. (AP Photo/Alex Brandon)
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Judge Abelson, who was nominated by Biden, previously ruled that the executive orders infringed upon the First Amendment’s right to free speech and were unconstitutionally “vague,” lacking a clear definition of DEI.
The ruling came after a lawsuit was initiated by the City of Baltimore, the National Association of Diversity Officers in Higher Education, the American Association of University Professors, and the Restaurant Opportunities Centers United. They claimed the executive orders amounted to presidential overreach and infringed on free speech rights.
They contended that the president’s authority is not “limitless.”
Demonstrators march outside the office of hedge fund billionaire Bill Ackman, protesting his campaign against diversity, equity, and inclusion, as well as his attacks on former Harvard University President Claudine Gay in New York City, Jan. 4, 2024. (Reuters/Shannon Stapleton)
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The directives from Trump required federal agencies to cancel all “equity-related” grants and contracts and mandated federal contractors to assure that they do not support DEI.
The administration asserted in court that the prohibition only impacted DEI initiatives that contravened federal civil rights laws.
“What we are witnessing is an overcorrection, pulling back on DEI statements,” attorney Aleshadye Getachew remarked during hearings.
Nathaniel Dibble, a member of the Young Democratic Socialists of America at North Carolina State University, expresses his opposition to repealing the diversity policy of North Carolina’s public university system before a vote by the UNC Board of Governors outside the UNC system office in Raleigh, N.C., May 23, 2024. (AP Photo/Makiya Seminera)
Although the president achieved a legal victory with the latest injunction, a related federal lawsuit was initiated in D.C. U.S. District Court on Wednesday contesting DEI executive orders titled: “Ending Radical and Wasteful DEI Programs and Preferencing;” “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government;” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
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The second lawsuit was filed by the NAACP Legal Defense Fund and Lambda Legal representing nonprofit advocacy groups.
White House spokesperson Harrison Fields commented to the New York Times, stating “the radical leftists can either opt to swim against the tide and disregard the overwhelming will of the people, or they can collaborate with President Trump to push forward his highly popular agenda.”
Fox News Digital’s Brie Stimson, Danielle Wallace, and The Associated Press contributed to this report.
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