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Fourth Circuit stays nationwide preliminary injunction barring enforcement of executive orders aimed at eliminating DEI programs
3/19/25
On February 21, 2025, the federal district court for the district of Maryland issued a preliminary injunction prohibiting the Trump Administration from enforcing key aspects of two executive orders aimed at eliminating diversity, equity and inclusion (“DEI”) programs. National Association of Diversity Officers in Higher Education et al. v. Trump et al., No. 1:25-cv-00333 (D. Md.).
The three disputed portions of the executive orders at issue directed all executive agencies to terminate equity-related grants or contracts, include a certification in every contract or grant award that the contractor or grantee does not have any DEI programs, and further directed the Attorney General to “encourage the private sector to end illegal discrimination and preferences, including DEI . . .” Exec. Order No. 14,151, Ending Radical and Wasteful Government DEI Programs and Preferencing, Executive Order of January 20, 2025, 90 Fed. Reg. 8339, 8339 (Jan. 29, 2025); Exec. Order No. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, Executive Order of January 21, 2025, 90 Fed. Reg. 8633, 8634-35 (Jan. 31, 2025).
After the Trump Administration appealed, the district court issued a second order on March 10, 2025, clarifying that its earlier injunction applied to the entire federal executive branch, not just to those defendants named in the complaint.
On Friday, March 14, 2025, the Fourth Circuit stayed the district court’s nationwide preliminary injunction, which will allow the Trump Administration to enforce its executive orders in their entirety pending its appeal of the district court’s ruling. In its order, the Fourth Circuit summarily found the government had “satisfied the factors for a stay under Nken v. Holder, 556 U.S. 418, 426 (2009).” Such factors include whether the government is likely to succeed on the merits, as well as the relative injury to either party absent a stay.
In a March 17, 2025 press release, the Equal Employment Opportunity Commission (EEOC) announced it sent letters to 20 U.S. law firms seeking information about their DEI programs, signaling the Trump Administration’s intent to pursue private sector DEI programs as well.
Attorneys at Freeman Mathis & Gary, LLP will continue to monitor this issue for further developments. For more information on this case or for advice regarding DEI programming, feel free to contact Sunshine R. Fellows at sunshine.fellows@fmglaw.com, Kelli N. Spearman at kelli.spearman@fmglaw.com or your local FMG attorney.
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