Federal Appeals Court Lifts Injunction on EOs

On Feb. 3, the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Centers United, and the Mayor and City Council of Baltimore filed a lawsuit challenging Executive Orders (EOs) 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”) and 4173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”). The lawsuit named the President, multiple federal agencies, and agency leaders as defendants.

The plaintiffs argued that the EOs violated the First Amendment (free speech) and Fifth Amendment (due process), claiming they suppress speech on political issues and are too vague, as key terms such as “diversity, equity, inclusion, and accessibility” are undefined.

On Feb. 20, a district court initially ruled that parts of the orders were likely unconstitutional and issued a nationwide injunction preventing their enforcement. However, on March 14, a panel of the 4th U.S. Circuit Court of Appeals temporarily lifted the injunction, allowing federal agencies to enforce aspects of the orders, such as terminating contracts and requiring compliance certifications. The panel’s decision was based on the administration’s claim that the orders only apply to conduct that violates existing anti-discrimination laws, not all diversity, equity, and inclusion (DEI) efforts.