Clifford Chance

A Pause in the Pendulum Swing: Federal Judge Temporarily Blocks Key Provisions from President Trump's DE&I Executive Orders

February 24, 2025

On February 21, the U.S. District Court of Maryland issued a nationwide preliminary injunction against certain provisions of President Trump’s recent executive orders targeting Diversity, Equity, and Inclusion ("DE&I") programming (which we had written about here). Specifically, the injunction blocks three key provisions within Executive Orders 14173 and 14151 that require (1) agencies to terminate “equity-related” grants or contracts; (2) federal contractors or fund grantees to certify that they are not operating unlawful programs that “promote” DE&I; and (3) that the U.S. Attorney General “encourage” the private sector to end DE&I initiatives under threat of enforcement. In so ruling, the court found that the challenged provisions were likely unconstitutionally vague and restrictive of free speech.

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