A federal district court judge in Maryland has issued a preliminary nationwide injunction against several provisions in one of Trump’s executive orders related to diversity, equity, and inclusion policies at private companies. The court’s February 21, 2025, ruling in National Association of Diversity Officers in Higher Education v. Trump, No. 1:25-cv-00333 (2025), prevents the Trump administration from enforcing policies related to DEI programs against private companies, including federal contractors.
More specifically, the judge found that the plaintiffs to the suit are likely to succeed in their challenge to the threats of enforcement in Trump’s executive order entitled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Since the enforcement threat applies to the entire private sector, not just federal contractors, the legal analysis centers on private free speech rights under the First Amendment. Based on that analysis, the judge found that the enforcement provisions of the executive order were an “unlawful viewpoint-based restriction on protected speech.” Furthermore, the judge noted that the provisions unconstitutionally restricted free speech in that the federal government provided no definition or description of what it considers to be “illegal” DEI.
The judge extended the preliminary injunction to cover federal contractors, finding that the provisions unlawfully restricted their free speech rights, even in the context of the relevant programs.
However, the judge did not reach the same conclusion concerning the president’s directive to the U.S. Attorney General to take measures to identify and deter DEI programs or principles amounting to illegal discrimination or preferences. The judge denied the plaintiffs’ request for a preliminary injunction per the executive order’s provisions.
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