On Friday evening, the 4th Circuit Court of Appeals issued a temporary pause of a judge’s recent ruling that blocks President Trump’s executive order (EO) banning DEI (Diversity, Equity, and Inclusion) practices taking place in government departments and being written into government contracts.
Some on the panel of judges reportedly did so grudgingly:
The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals said the directives by President Donald Trump, including an order urging the Department of Justice to investigate companies with DEI policies, were likely constitutional, disagreeing with a February ruling by a federal judge in Maryland.
But two of the three judges on the 4th Circuit panel wrote separately they did not agree with the substance of Trump’s orders and that agencies that implement them may risk violating the U.S. Constitution.
“Despite the vitriol now being heaped on DEI, people of good faith who work to promote diversity, equity, and inclusion deserve praise, not opprobrium,” Circuit Judge Albert Diaz wrote.
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.
Read related: Trump Takes Aim at DEI in Corporate America and Academia As Well As Carving It From Government
SecDef Hegseth Makes DEI Rules Crystal Clear but Does Anyone Care?
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.
