The 4th U.S. Circuit Court of Appeals allowed the Trump administration to temporarily implement a ban on diversity, equity, and inclusion programs at federal agencies and businesses with government contracts. The court disagreed with a previous ruling that blocked the directives, stating that they were likely constitutional. However, two of the three judges on the panel expressed concerns about the potential violation of the U.S. Constitution by agencies that implement the orders.
The decision was made in a lawsuit by the city of Baltimore and three groups, with the outcome pending the Trump administration’s appeal. The orders are part of Trump’s efforts to eliminate DEI programs, which he and critics believe are discriminatory, from both the government and private sector. Trump had directed federal agencies to eliminate diversity programs and barred federal contractors from having them, as well as instructed the Justice Department to investigate businesses, schools, and nonprofits believed to be unlawfully discriminating through DEI policies.
The plaintiffs argued that Trump did not have the authority to issue these orders and that they infringed on constitutionally protected free speech. The Trump administration countered that the orders were aimed at unlawful discrimination and did not discourage speech. The plaintiffs accused the administration of defying a previous ruling by continuing to condition some federal contracts on recipients agreeing not to implement DEI programs. A hearing was held by U.S. District Judge Adam Abelson to address this matter, but no further ruling was issued.
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