A U.S. appeals court ruled Friday that the Trump administration can temporarily enforce its ban on diversity, equity, and inclusion (DEI) programs in federal agencies and businesses with government contracts. The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, overruled a prior decision by a Maryland judge that had blocked the orders.
The court found that Trump's directives, including an order instructing the Department of Justice to investigate DEI policies for potential discrimination, were likely constitutional. However, two of the three judges on the panel expressed concerns that agencies enforcing the policies could risk violating the U.S. Constitution. Circuit Judge Albert Diaz stated that DEI initiatives deserve recognition rather than condemnation, while Judge Allison Rushing, a Trump appointee, emphasized that personal opinions on DEI should not influence legal rulings.
The decision affects a lawsuit filed by Baltimore and three advocacy groups challenging Trump’s authority to issue such orders, arguing that they infringe on free speech rights. The administration has maintained that the bans target unlawful discrimination rather than restricting speech. The ruling remains in place pending an appeal, which could take months.
Trump’s orders aim to remove DEI programs from federal agencies and bar federal contractors—including major U.S. companies—from implementing them. Additionally, agencies must identify businesses, schools, and nonprofits potentially engaging in discriminatory DEI practices.
Plaintiffs claim the administration is already defying the court’s earlier ruling by conditioning some federal contracts on the exclusion of DEI programs. A federal judge in Baltimore held a hearing on the matter Friday but has yet to issue a further ruling. The White House and Justice Department have not commented on the decision.