
Federal District Judge Rules Against Trump’s Anti-DEI Orders
One of the Trump administration’s attempts to terminate diversity, equity and inclusion initiatives on college campuses and in K–12 classrooms has been struck down by a federal district court judge who previously put the guidance on hold.
Judge Stephanie Gallagher declared in the Thursday ruling that the Department of Education broke the law when it tried to withhold grant funding from institutions that practiced DEI based on one of the president’s executive orders and a related guidance letter.
In her opinion, Gallagher focused less on the legality of the attempt to ban DEI itself, but rather the process through which the president and secretary of education tried to do so.
“This court takes no view as to whether the policies at issue in this case are good or bad, prudent or foolish, fair or unfair. But, at this stage too, it must closely scrutinize whether the government went about creating and implementing them in the manner the law requires. Here, it did not,” the judge wrote. “By leapfrogging important procedural requirements, the government has unwittingly run headfirst into serious constitutional problems.”
That said, she did explain the ways Trump’s policy violated the Constitution, saying, “The government cannot proclaim that it ‘will no longer tolerate’ speech it dislikes because of its ‘motivating ideology’—that is a ‘blatant’ and ‘egregious’ violation of the First Amendment.”
Gallagher’s decision followed a motion for summary judgment that was filed by the plaintiffs, the American Federation of Teachers and the American Sociological Association, after they won a preliminary injunction that blocked parts of Trump’s anti-DEI policy since April. (Gallagher was appointed by Trump during his first presidency in 2018.)
Since the Education Department’s anti-DEI guidance was enjoined, the Trump administration has made other attempts to block the same academic practices. Most recently, the Department of Justice published a nine-page memo that stated that DEI is unlawful and discriminatory.
Still, AFT president Randi Weingarten viewed the ruling as a “huge win” against Trump’s “draconian attacks on the essence of public education.”
“This decision rightly strikes down the government’s attempt to dictate curriculum, and, in so doing, upholds the purpose and promise inherent in our public schools,” Weingarten said in a news release.
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