Over the weekend, the 4th Circuit Court of Appeals made a temporary decision to halt a judge’s recent order that blocked President Trump’s executive order aimed at prohibiting Diversity, Equity, and Inclusion (DEI) practices within government agencies and contracts. This decision presents a pause in the ongoing legal battle surrounding this issue.
Some on the panel of judges reportedly did so grudgingly:
The court, based in Richmond, Virginia, expressed its view that President Trump’s directives regarding DEI practices, which included instructing the Department of Justice to scrutinize companies with DEI policies, were likely within the bounds of the Constitution. This stance contradicted a previous ruling made by a federal judge in Maryland earlier in February on the same matter.
Circuit Judge Albert Diaz emphasized the importance of recognizing and appreciating individuals who genuinely strive to advance diversity, equity, and inclusion, despite the current criticisms and controversies surrounding DEI initiatives. He stressed that those working towards these goals should be commended rather than condemned.
The third judge, Circuit Judge Allison Rushing, who was appointed by Trump, put the other panelists in their place. She wrote:
“A judge’s opinion that DEI programs ‘deserve praise, not opprobrium’ should play absolutely no part in deciding this case.”
The lawsuit was sparked by Pres. Trump’s Jan. 21 EO titled, Ending Radical and Wasteful Government DEI Programs and Preferencing. As my colleague Streiff wrote about the expansive move:
Trump anticipates targeting DEI for civil rights violations. He also requires “each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars.” When you consider the number of federal agencies, this is nothing less than an all-out effort to eradicate DEI.
The court’s halt will stand while an appeal by the Trump administration remains pending on that prior order, which Reuters reported “could take months.” So far, there has been no comment from the White House or the DOJ on the 4th Circuit’s ruling, although “a spokesperson for Democracy Forward, a left-leaning group representing the plaintiffs, said the decision was being reviewed.”
As this is a developing story, RedState will provide updates as more details become available.
