By decision dated Feb. 21, 2025, the Federal District Court of Maryland granted a preliminary injunction (and denied a temporary restraining order) blocking the Trump administration from terminating or changing federal contracts that fall under the umbrella of diversity, equity and inclusion.
The plaintiffs, which include, but are not limited to, the National Association of Diversity Officers in Higher Education, the American Society of University Professors and the mayor and city council of Baltimore, Maryland, challenged discrete portions of two of President Donald J. Trump’s executive orders issued Jan. 20 and Jan. 21, 2025. Specifically wherein the executive orders:
- Directed all executive agencies to ‘terminate equity-related grants or contracts [termination provision].
- Directed all executive agencies to “include in every contract or grant award a certification, enforceable through the False Claims Act, that the contractor and grantee does not operate any programs promoting DEI that violate any applicable Federal Anti Discrimination Laws” [certification provision].
- Directed the U.S. attorney general to take appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI [enforcement threat provision].
The court granted a preliminary injunction, finding that the executive orders were “unconstitutionally vague as to all contractors and grantees who are subject to them.” The court held that the executive orders essentially left federal contractors and grant recipients with the inability to know what to do to bring their grants into compliance. Moreover, the court held that “the content- and viewpoint-based restrictions that chill speech, as to anyone the government might conceivably choose to accuse of engaging in speech about ‘equity’ or ‘diversity’ or ‘DEI,’ or the other topics…” and thus could have First Amendment implications.
“A district court may issue a nationwide injunction so long as the court mold[s] its decree to meet the exigencies of the particular case.” Trump v. Int’l Refugee Assistance Project, 582 U.S. 571, 580 (2017). In the instant case, the court did exercise its powers to order a nationwide injunction to include non-parties to the litigation.
Please be mindful that this decision is only a preliminary order and is not a permanent holding on these issues. Additionally, further review of this matter would fall to the Fourth Circuit Court of Appeals, which does not have jurisdiction over federal matters in New Jersey.
This article is for purely informational purposes and no action should be taken in reliance on this information. Any questions on how this case may affect your local school district should be discussed with your board attorney. NJSBA will monitor this issue and provide additional resources, if, and when they become available.
