The Fourth Circuit Court of Appeals delivered a significant legal victory for the Trump administration on Friday, ruling in favor of President Donald Trump’s executive orders aimed at dismantling Diversity, Equity, and Inclusion (DEI) programs within the federal government. The unanimous decision by a three-judge panel overturned a Maryland judge’s previous block on the administration’s actions.
The panel, comprising Chief Judge Albert Diaz, Judge Pamela A. Harris, and Judge Allison Jones Rushing, concluded that the President possesses expansive authority to establish policy priorities and control the allocation of federal funds. The judges concurred that President Trump has the prerogative to deem equity initiatives as non-essential to his administration's goals and to subsequently mandate the cessation of funding to such programs where legally permissible.
Judge Diaz, an appointee of former President Barack Obama, penned the opinion, underscoring that the court's role is not to determine the soundness of the policy but rather to assess its constitutional validity concerning funding recipients. The ruling effectively nullifies a preliminary injunction imposed by U.S. District Judge Adam B. Abelson, who had initially implemented a nationwide block on the executive orders.
The legal challenge to President Trump's directives originated from Baltimore’s mayor and city council, alongside higher education institutions and diversity advocacy groups. Plaintiffs argued that the executive orders infringed upon the First and Fifth Amendments by suppressing speech and imposing ambiguous criteria on funding beneficiaries. In contrast, the Justice Department argued that DEI initiatives were in conflict with federal civil rights laws, favoring identity-based considerations over merit.
President Trump established a precedent of opposing DEI programs early in his term with an executive order that mandated federal agencies to curtail equity-related grants and contracts as much as the law would allow. A subsequent order required federal contractors to affirm that they do not support DEI initiatives.
While the appeals court's decision permits both executive orders to proceed as litigation continues, Judge Diaz, in a concurring opinion, acknowledged the disappointment of the ruling's critics. Diaz encouraged them to remain steadfast in their reliance on the Constitution, which he described as a “beacon” for those dissatisfied with the current political landscape.
An ancillary aspect of the court's opinion involved a footnote by Judge Diaz, critiquing Secretary of State Marco Rubio for publicly boasting about the discontinuation of the Calibri font in official documents. While affirming the administration's authority to make such a change, Diaz expressed concern over the apparent excessive focus on eliminating so-called “woke” programs, including trivial matters like font choice. Rubio defended the shift to Times New Roman as a move towards professionalism, dismissing the claim that Calibri enhanced accessibility.
This ruling underscores the President's influence over executive branch priorities and federal fiscal policy and marks a substantial stride in President Trump's ongoing efforts to reshape federal operations. The decision solidifies the administration's stance on DEI and represents a notable triumph in maintaining one of President Trump's key policy initiatives.
