Maryland Joins Multi-State Effort to Challenge Executive Orders Restricting DEIA Programs

Maryland Attorney General Anthony G. Brown has joined a coalition of 18 attorneys general in supporting a lawsuit against two executive orders issued under former President Donald Trump that target diversity, equity, inclusion, and accessibility (DEIA) initiatives. The coalition submitted an amicus brief to the U.S. Court of Appeals for the Fourth Circuit in the case National Association of Diversity Officers in Higher Education v. Trump, seeking to restore a lower court injunction that previously blocked enforcement of the orders.

The challenged executive orders prohibit federal agencies from funding equity-related grants or contracts and require grant recipients to certify they do not engage in DEIA programming. One of the orders also encourages private companies to eliminate such initiatives. The plaintiffs, including higher education organizations and the Mayor and City Council of Baltimore, argue that the provisions are vague and unconstitutional, and they place contractors and grantees in a position where they must choose between federal funding and maintaining programs that promote inclusion.

Attorney General Brown and his counterparts argue that the orders endanger not only civil rights compliance but also the broader social and economic benefits that come from inclusive environments in workplaces, schools, and communities. The amicus brief contends that these programs are not only lawful but also essential in upholding anti-discrimination statutes and fostering equitable access to opportunity.

A lower court initially ruled in favor of the plaintiffs, citing a high likelihood of success on the merits of their case, and issued an injunction to halt implementation of the executive orders. However, the Fourth Circuit stayed that injunction while the appeal is under consideration. The coalition of attorneys general is now urging the appellate court to reinstate the injunction, asserting that the orders negatively impact states, residents, and businesses reliant on federal partnerships that support DEIA initiatives.

Attorney General Brown is joined in the brief by attorneys general from California, Colorado, Connecticut, Delaware, Hawai‛i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.

Article by multiple RFHC contributors, based upon information from the Office of the Maryland Attorney General

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