Federal Judge Issues Preliminary Injunction Blocking EOs Threatening DEI-Related Funding

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On February 21, a federal judge for the District of Maryland issued a nationwide and , partially blocking two EOs that threatened federal funding for diversity-related programs and entities that provide them. The plaintiffs—the National Association of Diversity Officers in Higher Education and other organizations—did not challenge the EOs in their entirety. Instead, the lawsuit focuses on three provisions in two EOs, as follows:

• (January 20), which directs federal agencies to—within 60 days from January 20—terminate, to the maximum extent allowed by the law, all “equity-related” grants or contracts (the “Termination Provision”).  
• (January 21), which:
  • Directs the head of each agency to include in every contract or grant award a term requiring certification that the recipient does not operate any programs promoting diversity, equity, and inclusion (DEI) that violate any applicable federal antidiscrimination laws (the “Certification Provision”); and
  • Directs the Attorney General to develop a plan of specific steps to deter DEI programs or principles that constitute illegal discrimination or preferences, including identifying up to nine potential civil compliance investigations of large organizations (the “Enforcement Threat Provision”).

These EOs build upon the Trump Administration’s other efforts to dismantle DEI efforts across the federal government and in the private sector.

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