Appeals Court Allows Trump to Reinstate Two Executive Orders Targeting DEI

A federal appeals court has given President Donald Trump’s administration the go-ahead to enforce a pair of controversial executive orders that seek to root out diversity, equity and inclusion efforts at federal agencies and government contractors.

The three-member appeals panel — including two judges appointed by Democratic presidents — lifted a lower court’s injunction that had put the policy on hold last month.

The ruling Friday from the panel of the Richmond, Virginia-based 4th Circuit Court of Appeals is not a final decision on the legality of Trump’s anti-DEI policy. It merely allows the government to administer the policy while litigation continues.

In separate opinions explaining their votes, the three judges suggested the Trump administration should be allowed to demonstrate that it will abide by anti-discrimination laws and respect First Amendment rights as it implements the executive orders, which Trump issued on the first two days of his new term.

One of the executive orders directs federal agencies to abolish all DEI programs within the federal government. The other order requires recipients of federal grants and contracts to certify that they do not operate unlawful DEI programs, and it directs federal officials to “encourage” the private sector to end DEI.

“The challenged Executive Orders, on their face, are of distinctly limited scope,” wrote Judge Pamela Harris, an appointee of President Joe Biden. {snip}

Harris said the provisions requiring certifications from federal contractors and grantees only require pledges not to violate existing federal anti-discrimination law. {snip}

{snip}

Chief Judge Albert Diaz, an appointee of President Barack Obama, said he agreed with Harris’ analysis of why a block on the president’s orders was premature. {snip}

{snip}

But Diaz also mounted a robust defense of pro-diversity efforts, arguing they are valuable and typically well-intentioned.

{snip}

Diaz also warned against some anti-DEI efforts that seem intent on erasing the sins in America’s history. “A country does itself no favors by scrubbing the shameful moments of its past,” he wrote.

{snip}