(The Hill) — A recent ruling by U.S. District Judge Stephanie Gallagher on Thursday has permanently blocked two memos from the Trump administration that had threatened to withdraw funding from schools for maintaining diversity, equity, and inclusion (DEI) programs.
Earlier this year, the Trump administration had sent out a “Dear Colleague” letter to universities, warning them of potential funding cuts if they failed to cease what were termed “illegal” DEI initiatives. This was followed by a memo directed at K-12 districts, requiring them to certify the absence of DEI practices in their schools.
The American Federation of Teachers, Democracy Forward, and other organizations filed a lawsuit against these memos, arguing that the memos were issued without following proper procedures and that they infringed on the rights of educational institutions.
Judge Gallagher, appointed by President Trump, stated, “Plaintiffs have shown that neither challenged agency action was promulgated in accordance with the procedural requirements of the APA, and that both actions run afoul of important constitutional rights.”
The Hill has reached out to the Education Department for comment.
Skye Perryman, president and CEO of Democracy Forward, commented on the ruling: “Today’s final judgment by a federal court affirms what we and the plaintiffs in this case have long known: the Trump-Vance administration’s crusade against civil rights, equity, and inclusion is unlawful and threatens all Americans. This is an invaluable decision that will have a sweeping and positive impact on public schools, teachers, and students. Threatening teachers and sowing chaos in schools throughout America is part of the administration’s war on education, and today the people won.”
The Trump administration, through its Dear Colleague letter, argued that universities were attempting to bypass a 2023 Supreme Court ruling on affirmative action, suggesting that the ruling applied not just to admissions but also to scholarships and other related programs.
“The Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation’s educational institutions. The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent,” the letter said.
