An appeals court on Friday lifted a block on President Donald Trump’s executive orders ending federal support for diversity, equity and inclusion (DEI) programs.
A panel of three judges ruled the orders can be enforced during a pending lawsuit, reversing a nationwide injunction from U.S. District Judge Adam Abelson in Baltimore, the Associated Press reported.
Two of the judges on the 4th U.S. Circuit Court of Appeals said the orders “could raise concerns” about First Amendment rights, but found Abelson’s “sweeping block went too far,” according to the report.
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Abelson, a Biden nominee, previously ruled the orders violated the First Amendment right to free speech and were unconstitutionally “vague,” as they did not define DEI.
The ruling followed a lawsuit filed by the City of Baltimore, the National Association of Diversity Officers in Higher Education, the American Association of University Professors and the Restaurant Opportunities Centers United, which alleged the executive orders were presidential overreach and anti-free speech.
They argued the president’s power “is not limitless.”
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Trump’s orders directed federal agencies to terminate all “equity-related” grants or contracts, and required federal contractors to certify that they don’t promote DEI.
The administration argued in court that the ban only affected DEI programs violating federal civil rights laws.
“What’s happening is an overcorrection and pulling back on DEI statements,” attorney Aleshadye Getachew said in a hearing.
While the president secured a win with the latest injunction, a similar federal lawsuit was filed in D.C. U.S. District Court on Wednesday challenging DEI executive orders including: “Ending Radical and Wasteful DEI Programs and Preferencing;” “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government;” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
The second complaint was filed by NAACP Legal Defense Fund and Lambda Legal on behalf of nonprofit advocacy organizations.
White House spokesman Harrison Fields told the New York Times that “the radical leftists can either choose to swim against the tide and reject the overwhelming will of the people, or they can get on board and work with President Trump to advance his wildly popular agenda.”
Fox News Digital’s Brie Stimson, Danielle Wallace, and The Associated Press contributed to this report.
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