The U.S. Court of Appeals said Friday that the Trump administration could temporarily implement a ban on diversity, equity and inclusion programs in federal agencies and businesses in government contracts blocked by judges.
The Richmond, Virginia-based Fourth Circuit Court of Appeals said the order by President Donald Trump is likely to oppose a February ruling by a federal judge in Maryland, which includes an order urging the Justice Department to investigate companies with DEI policies.
However, two of the three judges on the Fourth Circuit Committee disagree with Trump’s orders and individually wrote that the agencies implementing them risk violating the U.S. Constitution.
“Even though Vitrial is currently piled up on Day, those who have the sincerity to work to promote diversity, equity and inclusion are worthy of praise rather than unconsequence,” wrote Circuit Judge Albert Diaz.
Trump’s appointee, Circuit Judge Alison Rushing, responded that her colleague’s policy views have nothing to do with whether Trump’s direction should be given.
“The judge’s opinion that the DEI programme is ‘admired and praise rather than Opprobrium’ should not play a role in determining this case,” Rushing wrote.
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The decision remains intact as the Trump administration’s appeal could take months in lawsuits by the city of Baltimore and three groups.
The White House and the Department of Justice did not immediately respond to requests for comment. A spokesman for Democracy Forward, a left-leaning group representing the plaintiffs, said the decision was under review.
The order is part of Trump’s greater efforts to eradicate Day’s initiative, which he and other critics say are discriminatory from the government and the private sector.
Baltimore US District Judge Adam Abelson blocked Trump and several federal agencies from pending the outcome of the lawsuit and implementing national orders.
Instructing federal agencies to eliminate diversity programs, Trump has also eliminated federal contractors, including many of the largest companies in the United States.
He also told the Department of Justice and other agencies to identify businesses, schools and nonprofits that may be illegally discriminating through DEI policies.
The group suing Baltimore claimed Trump lacked the authority to issue orders.
The Trump administration argues that the order does not ban or block speech, but targets illegal discrimination.
This week’s plaintiffs accused the Trump administration of defiing the ruling by continuing to condition several federal contracts on recipients who agree to not implement the DEI program.
Abelson held a hearing on the issue Friday, but no further ruling occurred.
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