The College Fix

Orders ‘infringe on core constitutional protections,’ judge rules

A federal judge has issued a preliminary injunction blocking parts of President Trump’s executive orders banning funding and support of diversity, equity and inclusion measures and programs in a lawsuit brought by two higher education groups.

The American Association of University Professors and the National Association of Diversity Officers in Higher Education joined in the lawsuit as plaintiffs to halt two recently signed executive orders targeted at ending diversity, equity and inclusion programs.

On Friday, U.S. District Judge Adam Abelson agreed parts of their lawsuit have merit, as some professors have already lost funding for ongoing projects already approved, and others are afraid to do their work for fear of government crackdowns in violation of the First Amendment.

“The government contends that even if Plaintiffs have shown a likelihood of success on the merits, and even if Plaintiffs are suffering irreparable harm, the government’s interest in immediately imposing a new, not-yet-promulgated interpretation of what it considers ‘eradicating discrimination’ … outweighs the merits of Plaintiffs’ claims and the irreparable harm they are suffering,” Judge Abelson, a Biden appointee, wrote in his 63-page ruling.

“The government is free to promulgate regulations, take litigating positions, propose legislation, or any number of other steps, so long as they are consistent with statutes and the Constitution,” the judge wrote. “The core problem here is that … Plaintiffs have shown that the specific Challenged Provisions infringe on core constitutional protections, and that the status quo must be maintained while Plaintiffs and the government litigate the claims asserted in this case.”

At issue are executive orders J20 and J21, according to the higher ed groups’ lawsuit, filed earlier this month.

The orders required “the termination of all discriminatory programs, including illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government” and order “all agencies to enforce our longstanding civil-rights laws and to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”

The lawsuit argues the two orders are unconstitutional, stating: “The J21 Order is designed to, and does, chill free speech on matters of substantial political import, solely because the President disagrees with that speech.”

“We have members who have experienced disruptions in their research as a result of the DEI EO as well as the NIH freeze. This includes research on various diseases including cancer, heart disease, diabetes, Alzheimer’s and a host of health issues that impacts everyday Americans,” a spokesperson for the AAUP told The College Fix via email prior to Friday’s ruling.

The complaint alleges that the J21 order violates Congress’ power of the purse.

“As part of the mandate to ‘deter DEI,’ the J21 Order attempts to bypass the standard processes for amending government contracts and grant awards, and instructs each agency to include ‘in every contract or grant award,’ a term that the contractor or grantee ‘certify that it does not operate any programs promoting DEI’ that would violate federal antidiscrimination laws,” it states.

“If lawful DEI programs are suddenly deemed unlawful by presidential fiat, Plaintiffs must either risk prosecution for making a false claim, or censor promotion of their values. Our Constitution does not tolerate that result,” it adds.

The J21 order additionally directly hurts universities by ordering “all institutions of higher education that receive Federal grants or participate in the Federal student loan assistance program” to comply with the 2023 Supreme Court Decision against affirmative action, the complaint alleges.

In a statement to The College Fix, U.S. Department of Education’s Deputy Assistant Secretary for Communications Madi Biedermann said the agency believes the executive orders are legal.

“Concluding that there is a violation of civil rights law requires examination on a case-by-case basis. However, based on what we have seen, programs and activities labeled ‘social justice’ and ‘DEI’ often abandon the very concept of equal opportunity and nondiscrimination that civil rights laws like Title VI and Title IX were enacted to protect and promote,” she said in a statement prior to the ruling.

“This is both deeply disappointing and regressive. The Trump Administration is committed to returning to the promise of equal opportunity for all Americans.”

The AAUP disagrees.

“At its core, diversity, equity, and inclusion programs are about ensuring that all Americans get a fair shot. It’s about equal access to opportunities. That’s the bottom line. This is what’s at stake if these orders stand,” the group told The Fix.

The National Association of Diversity Officers in Higher Education did not respond to requests for comment from The College Fix.

However, in a statement to Inside Higher Ed, NADOHE President Paulette Granberry Russell argued that by “attacking the important work of diversity, equity and inclusion offices at educational institutions, the order seeks to dismantle critical support systems for historically underrepresented students.”

“This would limit workforce preparation and stifle efforts to address systemic inequities. This order depicts diversity, equity and inclusion as divisive when, in reality, these initiatives aim to ensure opportunity for all,” she said.

MORE: Federal agency halts scholarship program at HBCUs following Trump’s DEI crackdown

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