Appeals court allows Trump to reinstate two executive orders targeting DEI

In separate opinions explaining their votes, the three judges suggested the Trump administration should be allowed to demonstrate that it will abide by anti-discrimination laws and respect First Amendment rights as it implements the executive orders, which Trump issued on the first two days of his new term. “The challenged Executive Orders, on their face, are of distinctly limited scope,” wrote Judge Pamela Harris, an appointee of President Joe Biden. And she said the presidential orders don’t appear to present a direct threat to First Amendment rights because they “do not authorize the termination of grants based on a grantee’s speech or activities outside the scope of the funded activities.” But Harris offered a caveat that the orders could violate the Constitution if federal officials enforce them too vigorously. “Agency enforcement actions that go beyond the Orders’ narrow scope may well raise serious First Amendment and Due Process concerns,” the judge added. “A judge’s opinion that DEI programs ‘deserve praise, not opprobrium’ should play absolutely no part in deciding this case.” In a ruling last month, U.S. District Judge Adam Abelson halted key provisions of the Trump orders, saying they were likely to result in “arbitrary and discriminatory enforcement.” Abelson, a Baltimore-based appointee of President Joe Biden, said the policies could be expected to chill the speech of government contractors who want to pursue diversity goals but fear running afoul of Trump’s edicts.