U.S. District Judge Stephanie Gallagher in a Thursday ruling permanently blocked two memos issued by the Trump administration that threatened schools with funding cuts for diversity, equity and inclusion (DEI) programs.
Earlier in the year, the Trump administration issued a “Dear Colleague” letter for universities threatening to take funding if they don’t end “illegal” DEI efforts. Soon after, K-12 districts got a memo to certify they have no DEI practices in their schools.
The American Federation of Teachers, Democracy Forward and others sued over both of the memos, arguing the administration did not go through the proper procedures and violated the rights of schools.
“Plaintiffs have shown that neither challenged agency action was promulgated in accordance with the procedural requirements of the APA, and that both actions run afoul of important constitutional rights,” wrote Gallagher, who was appointed by President Trump.
The Hill has reached out to the Education Department for comment.
“Today’s final judgment by a federal court affirms what we and the plaintiffs in this case have long known: the Trump-Vance administration’s crusade against civil rights, equity, and inclusion is unlawful and threatens all Americans. This is an invaluable decision that will have a sweeping and positive impact on public schools, teachers, and students. Threatening teachers and sowing chaos in schools throughout America is part of the administration’s war on education, and today the people won,” said Skye Perryman, president and CEO of Democracy Forward.
In the “Dear Colleague” letter, the Trump administration argued universities were trying to circumvent the 2023 Supreme Court ruling regarding affirmative action, which the federal government says applied to not only admissions, but also scholarships and other programs.
“The Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation’s educational institutions. The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent,” the letter said.
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