“Too Far”: The Fourth Circuit Reverses Nationwide Injunction on Ending DEI Funding

Jonathan Turley: On Friday, the United States Court of Appeals for the Fourth Circuit reversed the much-covered nationwide injunction imposed by U.S. District Judge Adam Abelson in Baltimore regarding ending federal support for diversity, equity, and inclusion (DEI) programs. The three-judge panel ruled that Judge Abelson had gone “too far” in seeking to enjoin the federal government across the country.

The Fourth Circuit recognized that the executive orders “could raise concerns” about First Amendment rights that might have to be addressed down the road. However, it found Abelson’s “sweeping block went too far.” It also pointed out that the orders were not nearly as unlimited and sweeping as suggested by the district court or the media.

Trump’s orders directed federal agencies to terminate all “equity-related” grants or contracts, and further required federal contractors to certify that they implement DEI programs which the Administration believes are discriminatory and violated federal civil rights laws. Those orders are also being challenged in other cases and include “Ending Radical and Wasteful DEI Programs and Preferencing;” “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government;” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” more