Appeals court lifts block on Trump’s DEI restrictions

An appeals court has lifted a block on executive orders seeking to end US government support for diversity, equity and inclusion (DEI) programmes.

Friday’s ruling gave the Trump administration a win after a string of setbacks defending president Donald Trump’s agenda from dozens of lawsuits.

The decision from a three-judge panel allows the orders to be enforced as a lawsuit challenging them plays out. The appeals court judges halted a nationwide injunction from US District Judge Adam Abelson in Baltimore.

Two of the judges on the 4th US Circuit Court of Appeals wrote that Mr Trump’s anti-DEI push could raise concerns about First Amendment rights, but said the judge’s sweeping block went too far.

“My vote should not be understood as agreement with the orders’ attack on efforts to promote diversity, equity, and inclusion,” Judge Pamela Harris wrote. Two of the panel’s members were appointed by President Barack Obama, while the third was appointed by Mr Trump.

Judge Abelson had found the orders likely violated free-speech rights and are unconstitutionally vague since they do not have a specific definition of DEI.

Mr Trump signed an order on his first day in office directing federal agencies to terminate all “equity-related” grants or contracts. He signed a follow-up order requiring federal contractors to certify they do not promote DEI.

The city of Baltimore and other groups sued the Trump administration, arguing the executive orders are an unconstitutional overreach of presidential authority.

The Justice Department has argued that the president was targeting only DEI programmes that violate federal civil rights laws. Government attorneys said the administration should be able to align federal spending with the president’s priorities.

Abelson, who was nominated by Democratic President Joe Biden, agreed with the plaintiffs that the executive orders discourage businesses, organisations and public entities from openly supporting diversity, equity and inclusion.

Efforts to increase diversity have been under attack by Republicans who contend the measures threaten merit-based hiring, promotion and educational opportunities for white people. Supporters say the programmes help institutions meet the needs of increasingly diverse populations while addressing the lasting impacts of systemic racism.

Their purpose was to foster equitable environments in businesses and schools, especially for historically marginalised communities. Researchers say DEI initiatives date back to the 1960s but they expanded in 2020 during increased calls for racial justice.

In addition to the mayor and the Baltimore City Council, the plaintiffs include the National Association of Diversity Officers in Higher Education, the American Association of University Professors and the Restaurant Opportunities Centres United, which represents restaurant workers across the country.