Trump wins over groups who challenged anti-DEI orders
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President Donald Trump observes the ceremonial swearing-in of Paul Atkins as chairman of the Securities and Exchange Commission in the Oval Office at the White House, Tuesday, April 22, 2025, in Washington (AP Photo/Alex Brandon).

On Thursday, a federal judge in Maryland voiced considerable concerns about the Trump administration’s efforts to eliminate “diversity, equity, and inclusion” (DEI) initiatives but acknowledged his limited ability to alter the current course in a continuing legal conflict.

In the underlying case, the National Association of Diversity Officers in Higher Education, a membership organization, secured an injunction in late February preventing the implementation of the new policies. This initial success occurred when U.S. District Judge Adam B. Abelson, appointed by Joe Biden, ruled that the directives were both unconstitutionally vague and infringed upon the First Amendment’s free speech rights.

But the victory was short-lived.

On March 14, Chief Judge Albert Diaz of the 4th U.S. Circuit Court of Appeals, along with Circuit Judges Pamela Harris and Allison Rushing, granted the government’s request for a stay pending appeal.

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The plaintiffs, undeterred, then asked Abelson to vacate his original injunction, citing what the court termed “new factual developments.” This effort was in service of a bid for a new preliminary injunction.

“[T]hey believe that ‘evidence related to agencies’ interpretation and implementation of the Executive Orders’ would further support the likelihood of success on the merits of their already-asserted claims, and further that they ‘could amend their complaint to add new facial claims’ challenging the executive order provisions at issue,” the court explains. “The new ‘facial claims’ Plaintiffs state they may add in an amended complaint would be claims under the Administrative Procedures Act.”

Such an injunction would more or less reset the case – and force the Trump administration to spend several weeks requesting and litigating another stay. And, the plaintiffs argued, even the appellate panel that paused the first injunction would be amenable here.

From the plaintiff’s motion, at length:

The concurrences emphasized that their opinions spoke only to the record so far and that future developments might alter the outcome. In his concurrence, for example, Chief Judge Diaz noted he was satisfied “for now” that Defendants had met their stay burden, but explicitly “reserve[d] judgment on the extent to which the government relies on the Orders’ savings clause provisions as it enforces the Orders’ directives ” …

Similarly, in her concurrence, Judge Harris concluded “for now” that Defendants had met their burden, but offered the “caveat” that “[a]gency enforcement actions that go beyond the Orders’ narrow scope may well raise serious First Amendment and Due Process concerns, for the reasons cogently explained by” this Court.

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