US court backs President Donald Trump's DEI ban — for now

A United States appeals court on Friday allowed the President Donald Trump's administration to temporarily enact a ban on diversity, equity, and inclusion (DEI) programmes at federal agencies and businesses with government contracts, overriding a prior ruling by a Maryland judge.

The 4th US Circuit Court of Appeals in Richmond, Virginia, expressed that President Trump's directives, which include urging the Department of Justice to investigate companies with DEI policies, are likely constitutional.

However, two judges on the panel voiced reservations, stating that they disagree with the substance of Trump's orders and caution that implementation could risk violating the US Constitution.

"Despite the vitriol now being heaped on DEI, people of good faith who work to promote diversity, equity, and inclusion deserve praise, not opprobrium," Circuit Judge Albert Diaz wrote.

Circuit Judge Allison Rushing, a Trump appointee, responded that her colleagues' policy views were irrelevant to whether Trump's directives should stand.

"A judge’s opinion that DEI programs 'deserve praise, not opprobrium' should play absolutely no part in deciding this case," Rushing wrote.

The decision, in a lawsuit by the city of Baltimore and three groups, will remain in place pending the outcome of the Trump administration's appeal, which could take months.

The White House and the Justice Department did not immediately respond to requests for comment. A spokesperson for Democracy Forward, a left-leaning group representing the plaintiffs, said the decision was being reviewed.

The orders are part of Trump's larger efforts to eradicate DEI initiatives, which he and other critics say are discriminatory, from the government and the private sector.

U.S. District Judge Adam Abelson in Baltimore had blocked Trump and several federal agencies from implementing the orders nationwide pending the outcome of the lawsuit.

Along with directing federal agencies to eliminate diversity programs, Trump also barred federal contractors, which include many of the largest U.S. companies, from having them.

He also told the Justice Department and other agencies to identify businesses, schools and nonprofits that may be unlawfully discriminating through DEI policies.

Baltimore and the groups that sued claimed Trump lacked the power to issue the orders, which they said improperly targeted constitutionally protected free speech.

The Trump administration has maintained that the orders do not ban or discourage any speech but were targeted at unlawful discrimination.

The plaintiffs this week had accused the Trump administration of defying the ruling by continuing to condition some federal contracts on recipients agreeing not to implement DEI programs.

Abelson held a hearing on the matter on Friday but did not issue any further ruling.