In January, the White House announced a series of executive actions targeting diversity, equity, and inclusion (DEI) initiatives. This led to mixed responses from federal agencies, raising questions about how grants are categorized as 'equity-related.'
The ambiguity put crucial federal funds at risk—funds that are essential for educators, academics, students, workers, and various communities across the nation.
Fast forward to February, when Mayor Brandon Scott of Baltimore, alongside the City Council, and supported by organizations like the National Association of Diversity Officers in Higher Education, the American Association of University Professors, and Restaurant Opportunities Centers United, which advocates for restaurant workers nationwide, filed a lawsuit against the Trump administration in the District Court for the District of Maryland Baltimore Division.
The lawsuit argued that the executive orders overstepped the bounds of presidential authority and could hinder free speech. The attorneys for the plaintiffs pointed out that these groups were already feeling the negative consequences of the executive actions as President Trump aimed to stifle dissenting opinions.
On his first day in office, Trump signed an order directing federal agencies to terminate all “equity-related” grants or contracts. He also signed an order requiring federal contractors to certify that they don’t promote DEI.
Great news came on Friday when U.S. District Judge Adam Abelson in Baltimore granted a preliminary injunction that prevents the administration from terminating or modifying federal contracts it labels as equity-related.
Read the 63-page Memorandum Opinion here.
Judge Abelson found that these orders might violate constitutional rights, particularly the right to free speech.
While his ruling allows for further investigations into DEI practices, it effectively pauses the enforcement of the contentious orders.
The judge understood the serious implications, acknowledging that the executive orders could discourage businesses, organizations, and public entities from openly supporting initiatives focused on diversity, equity, and inclusion (DEI).
In his thoughtful opinion, Abelson raised concerns about the vagueness of these orders, highlighting that they leave federal contractors and grant recipients in a state of confusion—uncertain of how to ensure compliance with the shifting rules.
He posed some hypothetical scenarios, such as whether an elementary school, which uses funds to enhance technology access and teaches about Jim Crow laws, would find its grant suddenly categorized as 'equity-related.'
Similarly, he raised the question of whether a grant for repairing potholes in a low-income neighborhood should be labeled as such, rather than being seen as a necessary public service.
The attorneys representing the plaintiffs emphasized that the vague language in the executive orders would lead to considerable harm to ordinary citizens.
"Everyday people are the ones who suffer the most," they stated. "The plaintiffs and their members heavily rely on federal funds to support a wide array of initiatives for educators, students, workers, and communities across the nation. However, with federal agencies making arbitrary decisions about what qualifies as 'equity-related,' our clients are left in a state of uncertainty."
On February 3, 2025, the Democracy Forward Foundation issued a press release stating that a coalition representing academics and higher education officials, restaurant workers, and the City of Baltimore had filed a federal complaint to block President Trump’s executive orders titled, “Ending Radical Government DEI Programs and Preferencing,” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (collectively the “Anti-DEIA Executive Orders”).
This challenge, filed in federal court in Maryland, was brought by the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Centers United, and the Mayor and City Council of Baltimore, Maryland, represented by Democracy Forward and Asian Americans Advancing Justice – Asian American Justice Center.
The suit alleged that the Anti-DEIA Executive Orders are chilling speech and expression and have sowed chaos, fear, and confusion from higher education institutions to restaurant workplaces to cities and communities.
The Orders, which the suit alleged are unlawfully vague, suggest that the President may with the stroke of a pen prioritize some viewpoints over others, terminate any “equity-related” funding, force federal contractors and grantees to certify that they do not promote “illegal DEI,” and target those in the private sector who support DEIA efforts.
Plaintiffs, like many others, are afraid to carry out their lawful DEIA initiatives that are core to their missions. If they do, they may lose critical funding or face enforcement actions.
The suit alleged that the Anti-DEIA Executive Orders chill free speech on matters of substantial political import, solely because the President disagrees with that speech and that they obstruct Congress’ exclusive constitutional power of the purse.
“Higher education is about opening up opportunity, innovation, and progress for people across the nation. Yet, these Executive Orders will undermine our ability to do that and will have catastrophic impacts on colleges, universities, and higher education institutions, and all of the students and communities they serve,” said Paulette Granberry Russell, J.D., President and CEO of the National Association of Diversity Officers in Higher Education. “As the nation’s leading association for diversity officers and professionals in higher education, we will use all tools available, including the legal process, to block these harmful orders.”
“Terminating federal funds for college teachers and researchers will halt critical research on cancer, heart disease, and diabetes, undermining the health care of all Americans while making universities less inclusive and less equitable,” said AAUP President Todd Wilson. “AAUP is proud to stand up and defend our campuses and communities from this vague and destructive executive order.”
“The restaurant industry relies on workers of all backgrounds to sustain itself,” said Teófilo Reyes, Interim President of the Restaurant Opportunities Centers United. “The diversity of our industry is what sets us apart, allowing us to thrive even in the hardest of times. We are committed to ensuring all workers have access to a thriving wage in the restaurant industry. President Trump wishes to see the end of all diversity, equity, and inclusion programs of any kind whatsoever – and we will not stand for it.”
“This executive order goes beyond just attacking DEI; it aims to establish the legal framework to attack anyone or any place who dares to celebrate our diversity,” said Baltimore Mayor Brandon Scott. “Doing so directly threatens many programs and entities that serve our community daily, for no other reason than political posturing. Baltimore citizens risk losing vital federal funding due to this executive order, putting jobs and livelihoods at stake — and we will fight it with every legal tool available to us, just as we are doing with this lawsuit.
“Our Constitution protects all Americans – whether you are a university professor or a restaurant worker – from unlawful intrusion on speech, ideas, and expression and entitles all Americans to fair process. The President’s Anti-DEIA Executive Orders offend these protections and others. The coalition bringing this suit represents people of diverse professions and backgrounds who are all harmed by these unlawful orders, which have chilled their activities and provision of essential services,” said Skye Perryman, President and CEO of Democracy Forward. “We are honored to bring this suit on behalf of our clients and are committed to working with communities across the nation to confront attacks on freedom of speech, diversity, equity, and inclusion, and fighting back against Trump’s continued attempts to test the limits of targeting his political opponents.”
“The President’s Anti-DEIA executive orders are attempts to cause panic and suppress, selectively, any idea or expression that isn’t aligned with his views under the guise of uplifting merit. In turn, these orders are backpedaling on years of progress and will result in further division, discrimination, inequity, and exclusion,” said John C. Yang, President and Executive Director of Asian Americans Advancing Justice – AAJC. “The President cannot stifle our rights and override our democratic processes simply because he feels like it. We are committed to standing up to fight for access, diversity, equity, and inclusion for all.”