Federal appeals court lifts block on portions of DEI Executive Orders

President Donald Trump’s Executive Orders (EOs) have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded programs. The EOs call for immediate action, including potentially ending certain federal contracts. On February 21, 2025, a federal judge in Maryland blocked substantial portions of the orders. The court’s ruling had an immediate, albeit temporary, effect. On March 14, the U.S. 4th Circuit Court of Appeals lifted the lower court’s injunction, allowing the federal government to enforce the EOs while it continues to consider whether they are lawful.

Background

On January 20, 2025, the president issued EO 14151, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” which calls for eliminating all DEI policies, programs, and positions within the federal government and ending all “equity-related grants and contracts.”

The following day, the president issued EO 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which requires all contracts and grant awards to include a certification stating that “compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions.” It also directs federal agencies to identify potential targets for “civil compliance investigations” in the private and higher education sectors.