Maryland district court temporarily halts enforcement of executive orders aimed at ending diversity, equity and inclusion programs
On Friday, Feb. 7, a federal district court in Maryland granted a nationwide preliminary injunction that temporarily blocks parts of two separate executive orders issued by President Trump aimed at eliminating diversity, equity, and inclusion (DEI) programs in government contracts and grants.
The court ruled that certain parts of the orders – “Ending Radical and Wasteful Government DEI Programs and Preferencing” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” – are likely in violation of the 1st and 5th Amendments of the U.S. Constitution and too vague to be enforceable.
The ruling temporarily prevents federal agencies from freezing or canceling DEI-related grants and contracts and from enforcing new DEI-related certification rules.
Specifically, the injunction temporarily prohibits the federal government from:
- Pausing, freezing, blocking or terminating any of its current DEI-related contracts or grants based on provisions of the Executive Orders
- Requiring any grantee or contractor to certify they are compliant with the terms of the Executive Orders
- Taking enforcement actions against grantees or contractors that do not certify their compliance with the Executive Orders
The court’s injunction does not, however, stop the Attorney General from investigating DEI programs, nor does it apply to the U.S. Department of Education’s Office of Civil Rights’ Feb. 14 “Dear Colleagues” letter.
A similar lawsuit challenging the executive orders is ongoing in Washington, D.C.