‘Arbitrary and discriminatory’: Judge blocks Trump’s effort to deter DEI programs

 


A federal judge has blocked President Donald Trump’s attempt to strip funding from programs that include diversity, equity, and inclusion (DEI) initiatives, ruling that the policy likely violates the First Amendment.

U.S. District Judge Adam Abelson determined that Trump’s order penalizes private organizations based on their viewpoints and is so vaguely written that it discourages federal contractors from engaging in protected speech. Abelson, a Baltimore-based judge appointed by former President Joe Biden, cited longstanding legal precedent prohibiting the government from using federal funding as leverage to suppress First Amendment rights.

The ruling is another setback for Trump’s sweeping efforts to reshape federal policies and funding. Just minutes after Abelson’s decision, another judge blocked Elon Musk’s “Department of Government Efficiency” from accessing sensitive U.S. Treasury databases, citing security concerns. Around the same time, the Supreme Court upheld a temporary restriction on Trump’s authority to dismiss a key ethics watchdog.

Several of Trump’s other initiatives remain in legal limbo, including his attempt to cut funding for National Institutes of Health research and his push to terminate contracts for foreign aid programs. However, he scored a significant victory when a Washington, D.C., judge ruled in favor of his plan to restructure the workforce at the U.S. Agency for International Development.

Trump has been vocal about eliminating DEI initiatives from taxpayer-funded programs. Shortly after taking office, he signed an executive order directing federal agencies to terminate “equity-related” grants or contracts and ensure future funding does not go to organizations with DEI programs. The order also instructed the Justice Department to take measures to discourage DEI initiatives in the private sector.

In his 63-page ruling, Abelson found the order to be both potentially discriminatory and so ambiguous that organizations could face “arbitrary and discriminatory enforcement.” He raised concerns about how broadly the policy could be interpreted, questioning whether schools could lose funding if a teacher used government-provided technology to teach about Jim Crow laws or if road construction in low-income areas could be deemed an improper use of federal grants.

The judge also noted that some federal contractors appeared to be taking an “overinclusive” approach—preemptively eliminating DEI programs to avoid the risk of violating Trump’s order.

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