Overview
- A three-judge panel of the Fourth U.S. Circuit Court of Appeals vacated a Maryland district court injunction that had blocked two executive orders targeting DEI programs.
- The court rejected a facial vagueness challenge to the orders’ Termination Provision and a First Amendment challenge to the Certification Provision.
- Plaintiffs lacked standing to contest the Enforcement Threat directive at this stage, with the court directing challenges to specific agency actions once taken.
- Chief Judge Albert Diaz authored the opinion and a separate concurrence stating he ruled reluctantly while noting evidence of programs being terminated by keyword.
- The lawsuit by Baltimore, the National Association of Diversity Officers in Higher Education, and the American Association of University Professors may now shift to en banc or Supreme Court review as agencies begin implementation.