A federal appeals court Friday reinstated portions of President Trump’s executive orders targeting diversity, equity and inclusion (DEI) programs that were blocked by a lower court.
The unanimous three-judge panel on the 4th U.S. Circuit Court of Appeals found the administration is likely to succeed in its February appeal, though the two judges appointed by Democratic presidents made clear a challenge could still succeed in the future.
“But my vote to grant the stay comes with a caveat,” wrote U.S. Circuit Judge Pamela Harris, an appointee of former President Obama. “What the Orders say on their face and how they are enforced are two different things. Agency enforcement actions that go beyond the Orders’ narrow scope may well raise serious First Amendment and Due Process concerns.”
U.S. Circuit Judge Albert Diaz, another Obama appointee, said he agreed and raised concerns about the recent attacks on DEI, saying such programs seem “to be (at least to some) a monster in America’s closet.”
“And despite the vitriol now being heaped on DEI, people of good faith who work to promote diversity, equity, and inclusion deserve praise, not opprobrium,” Diaz wrote in a separate opinion.
