March 11, 2025
Dear Colleagues,
NADOHE welcomes two recent rulings by the federal district court that preserved the nationwide preliminary injunction in favor of our organization and co-plaintiffs and that clarified the broad reach of the injunction against enforcement of the executive orders that target diversity, equity, and inclusion. The Government, which has filed a notice of appeal against the injunction, had requested that the injunction be lifted until the appeal is resolved or that it be narrowed to just the plaintiffs in the case, rather than, as the court had ordered, extending the protection of the injunction to anyone similarly situated to the plaintiffs. The court explained that the constitutional deficiencies under the First Amendment and with regard to vagueness in violation of the Due Process Clause of the Fifth Amendment that are apparent on the face of the Executive Orders in the enjoined provisions themselves created a “need to encompass nonparties within the scope of this Court’s injunction.”
In a separate ruling yesterday, the court also granted a motion by NADOHE and co-plaintiffs to clarify that the injunction applies not only to the eleven federal agencies that were named in the complaint, but also to “all other federal executive branch agencies, departments, and commissions, and their heads, officers, agents, and subdivisions” with respect to efforts to implement the anti-DEI Executive Orders.
These rulings reaffirm the critical importance of protecting diversity, equity, and inclusion in higher education and beyond. While yesterday’s ruling is a crucial step forward, we recognize that the broader fight to protect diversity, equity, and inclusion initiatives is ongoing. NADOHE hopes that the Court of Appeals will likewise reject the Government’s request that it issue a stay of the preliminary injunction. NADOHE remains committed to supporting our members, advocating for inclusive policies and ensuring institutions are empowered to provide equitable opportunities for all.
Sincerely,
Paulette Granberry Russell, J.D.
NADOHE President and CEO