The College Fix

A trio of rulings over the last several days by federal judges have halted the Trump administration’s efforts to ban diversity, equity, and inclusion in K-12 and higher education.

The temporary injunctions block the enforcement of a “Dear Colleague letter” issued in February by the U.S. Department of Education’s Office for Civil rights that argued DEI programs often discriminate based on race, a violation of Title VI and the 2023 Supreme Court decision that outlawed race-based practices.

The department declared DEI efforts are essentially discriminatory and schools, colleges, and universities, which could lose federal funds if they employ them. But the rulings dealt a major blow to those plans.

“Federal judges in New Hampshire and Maryland handed down the rulings after finding plaintiffs in the two separate lawsuits were likely to succeed in proving that the Feb. 14 Dear Colleague letter violated procedural standards and the First Amendment. Prior to the orders, colleges and K-12 schools that failed to comply with the letter risked their federal funding,” Inside Higher Ed reported.

In a third decision issued in the District of Columbia, a Trump-appointed judge “blocked the department from demanding schools certify their compliance with the Trump administration; the government’s threats, the judge said, likely violate the Constitution,” Politico reported.

The ACLU praised the rulings in a news release, arguing the Education Department “overstepped its authority by imposing unfounded and vague legal restrictions that violate due process and the First Amendment; limiting academic freedom and restricting educators’ ability to teach and students’ right to learn; and unlawfully dictating curriculum and educational programs, exceeding its legal mandate.”

The trio of rulings seem to indicate Trump’s efforts to ban DEI stand on shaky ground. The 82-page ruling from U.S. District Judge Landya McCafferty, appointed by former President Barack Obama, scorched the Education Department’s arguments:

plaintiffs are likely to succeed in arguing that the 2025 Letter is impermissibly vague. The Letter makes clear the Department’s understanding that DEI programs—at least in some circumstances — violate Title VI, as well as the Department’s intent to “vigorously enforce” its understanding. The Letter does not make clear, however, what the Department believes constitutes a DEI program, or the circumstances in which the Department believes DEI programs run afoul of Title VI. The Letter does not even define what a “DEI program” is …

…“The government cannot simply tell people to ‘be good’ and leave it up to the enforcers to decide what ‘good’ is.” …DEI as a concept is broad: one can imagine a wide range of viewpoints on what the values of diversity, equity, and inclusion mean when describing a program or practice. It is no surprise that several courts— including this one—have struck down similar laws as void for vagueness …

Defendants’ argument—that the 2025 Letter does no more than clearly announce the uncontroversial proposition that discrimination is unlawful—ignores the “End DEI” portal and the press release accompanying it. The Department is not soliciting complaints about only those DEI programs or teaching practices that discriminate based on race. By its own admission, it seeks to “End DEI.” …This announcement of the Department’s understanding of the scope of the 2025 Letter shows that Department officials will be free to “pursue their personal predilections” in enforcing the 2025 Letter’s sweeping prohibitions …

The Maryland ruling centered on a lawsuit filed by the American Federation of Teachers. In her 48-page ruling, U.S. District Judge Stephanie Gallagher in Baltimore wrote the plaintiffs “have shown that the government likely did not follow the procedures it should have, and those procedural failures have tangibly and concretely harmed the Plaintiffs.”

The lawsuits will proceed as judges weigh in on whether permanent injunctions should be granted.

MORE: Ed Dept. threatens to cut federal funds of universities with DEI programs

IMAGE CAPTION AND CREDIT: A judge holds a gavel ; Anything Possible, Shutterstock

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