Legal victory for Trump: Appeals court allows reinstatement of two executive orders against DEI
While not a definitive win, a three-judge panel decided to lift a lower court's injunction that had blocked the policy.
Trump signing executive orders in the Oval Office
President Donald Trump scored a surprise legal victory when a three-judge panel, made up of two justices appointed by Presidents Joe Biden and Barack Obama, decided to reinstate two executive orders seeking to eliminate diversity, equity and inclusion (DEI) programs pertaining to federal agencies and government contractors.
The ruling released Friday came from the Fourth Circuit Court of Appeals, based in Richmond, Va., and reversed an injunction imposed last month by a lower court.
While the court's decision on the legality of Trump's executive orders against DEI is not final, it is a partial win, as the ruling allows the government to implement them while the litigation continues.
In their separate opinions, the justices argued that the Trump administration must demonstrate that it will comply with anti-discrimination laws and respect the First Amendment in implementing the executive orders against DEI, which were signed by President Trump in the first week in office.
The first order instructs federal agencies to eliminate all DEI programs in the government, and the second states that recipients of federal grants and contracts must certify that they do not operate illegal DEI programs.
In her opinion, Judge Pamela Harris, an appointee of President Biden, wrote that Trump's orders have a clear, narrow focus.
"The Executive Orders do not purport to establish the illegality of all efforts to advance diversity, equity or inclusion, and they should not be so understood," Harris wrote.
Likewise, Chief Judge Albert Diaz, a President Obama appointee, affirmed that it is still too early to block Trump's orders, though he also suggested that the measures could potentially violate the First Amendment and certain rights.
“I too reserve judgment on how the administration enforces these executive orders,” Diaz wrote. “It’s unclear what types of programs — formal or informal — the administration seeks to eliminate."
Regardless, even if the judges expressed doubts about the orders, the lifting of the block on the measures is a sensational partial victory for the Trump administration facing a panel made up of progressive-leaning judges.
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