March 15, 2025
Dear NADOHE members,
We are writing to report a new development in NADOHE’s lawsuit challenging President Trump’s anti-DEI Executive Orders.
On Friday evening, the Fourth Circuit Court of Appeals granted the government’s motion for a stay of the preliminary injunction until the government’s appeal of the injunction is resolved. Along with granting the stay, the Court of Appeals also stated that it will order an expedited briefing schedule for the appeal to more fully consider the constitutional questions at stake.
It is notable that, while the panel of three judges voted to grant the temporary stay, two judges expressly affirmed the value and lawfulness of diversity, equity and inclusion efforts. Chief Judge Diaz emphasized the positive role of diversity, equity and inclusion initiatives:
“People of good faith who work to promote diversity, equity, and inclusion deserve praise, not opprobrium…. [W]hen [this country’s] policies are truly inclusive, it creates an environment and culture where everyone is respected and valued. What could be more American than that?”
Similarly, Judge Harris made clear that her vote in favor of the temporary stay should not be interpreted as support for any broad attack on diversity, equity and inclusion programs. For now, she credited the government’s assertions that the Executive Orders “do not purport to establish the illegality of all efforts to advance diversity, equity or inclusion,” “apply only to conduct that violates existing federal anti-discrimination law,” and call for the termination of grants “based only on the nature of the grant-funded activity itself.” And she warned that any enforcement actions exceeding these narrow interpretations of the Executive Orders could be unconstitutional, writing:
“Agency 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 the district court… [M]y vote should not be understood as agreement with the Orders’ attack on efforts to promote diversity, equity, and inclusion.”
This ruling is a temporary setback, but it is clear that the legal battle over these Executive Orders is far from over. The concurring opinions from Judges Diaz and Harris reinforce that diversity, equity and inclusion remains a vital and defensible principle under the law.
Judge Harris’s willingness to credit the government’s characterization of the Executive Orders as having a narrow scope that only targets violations of existing anti-discrimination law also underscores the vital importance of evidence that contradicts the government’s representations. Please continue to share any reports of government actions that target institutions or individuals for broader diversity, equity, and inclusion efforts or initiatives, by emailing president@nadohe.org.
Please also do not hesitate to reach out with any questions or concerns. We will continue to monitor the litigation closely and keep our members updated.
In Solidarity,
Paulette Granberry Russell, J.D.
President and CEO
NADOHE