Orders ‘ intrude on core democratic protections,’ determine rules
In a lawsuit brought by two higher education organizations, a federal judge has issued a preliminary injunction enjoining portions of President Trump’s professional orders that prohibit money and help for diversity, equity, and inclusion initiatives.
As defendants, the National Association of Diversity Soldiers in Higher Education and the American Association of University Professors filed the lawsuit to stop two just signed executive orders that were intended to end diversity, equity, and inclusion programs.
U.S. District Judge Adam Abelson agreed on Friday that some of their lawsuit’s arguments have validity because some professors have now lost money for already-approved projects, and others are reluctant to work because they fear the government will act in a way that would violate the First Amendment.
The government asserts in his 63-page ruling that the government’s interest in imposing a new, not-yet-promulgated understanding of what it considers to be “eradicating bias” outweighs the virtues of Defendants ‘ states and the irreparable harm they are suffering.
” The government is complimentary to promulgate laws, take litigating opportunities, consider legislation, or any number of different ways, so long as they are consistent with rules and the Constitution”, the judge wrote. The main issue is that the Defendants have demonstrated that the particular Challenged Rules violate fundamental constitutional safeguards and that the status quo must be upheld while Plaintiffs and the government pursue the claims brought in this case.
At problem are professional commands J20 and J21, according to the higher physician groups ‘ petition, 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 directions are illegal, stating:” The J21 Order is designed to, and does, shiver free speech on issues of considerable political trade, solely because the President disagrees with that speech”.
Members of our organization have experienced disruptions in their analysis as a result of the DEI EO and NIH ice. This includes research on various ailments including cancer, heart disease, diabetes, Alzheimer’s and a host of health problems that influences regular Americans”, a spokeswoman for the AAUP told The College Fix via email due to Friday’s decision.
The J21 order is alleged to be in violation of the purse power of Congress.
The J21 Order” as part of the mandate to “deter DEI” and instructs each agency to “certify that it does not operate any programs promoting DEI” that would violate federal antidiscrimination laws, “in order to bypass the standard processes for amending government contracts and grant awards,” it states.
Plaintiffs must either risk facing legal action for making a false claim, or censor the promotion of their values if lawful DEI programs are suddenly deemed unlawful by presidential fiat. Our Constitution does not tolerate that result”, it adds.
The complaint claims that the J21 order directly harms universities by requiring” all institutions of higher education that receive Federal grants or participate in the Federal student loan assistance program” to adhere to the 2023 Supreme Court decision against affirmative action.
Madi Biedermann, the U.S. Department of Education’s deputy assistant secretary for communications, stated in a statement to The College Fix that the organization believes the executive orders are legitimate.
” Closing that a civil rights law is broken requires a case-by-case evaluation.” However, programs and activities labeled” social justice” and” DEI” frequently abandon the very idea 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 decision.
” This is both deeply disappointing and regressive. The Trump administration has a “promise” that all Americans will have equal opportunity to do.
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 College Fix contacted The National Association of Diversity Officers in Higher Education for comment, but they did not respond.
However, NADOHE President Paulette Granberry Russell claimed in a statement to Inside Higher Ed that the order is “attacking the crucial work of diversity, equity, and inclusion offices at educational institutions” and that it “aims to dismantle critical support systems for historically underrepresented students.”
This would stifle efforts to combat systemic injustices and reduce workforce preparation. 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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