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Trump administration drops appeal to court finding that anti-DEI funding threats violate the First Amendment

As we all know, the Trump administration has taken actions against universities, corporations, and law firms because of their diversity, equity, and inclusion (DEI) policies and programs. It therefore is somewhat surprising to me that a recent court development received relatively little press attention.

As the Associated Press reported, the Trump administration dropped its appeal “of a federal court ruling that blocked a campaign against diversity, equity, and inclusion threatening federal funding to the nation’s schools and colleges.” The dismissal of the appeal leaves in place a federal district court ruling that the administration’s anti-DEI effort violated the First Amendment. “The dispute centered on federal guidance telling schools and colleges they would lose federal money if they kept a wide range of practices that the Republican administration labeled as diversity, equity and inclusion.”

Despite the court ruling, the Trump administration’s challenges to DEI programs and threats of de-funding universities, have had an impact. DEI references and statements have disappeared on many university and law school websites. University offices graced with DEI in their names have had their names (and webpages) scrubbed of any reference to diversity, equity, and inclusion. One wonders what these changes mean to the substantive commitment to the goal of diversity, equity, and inclusion of all faculty, students, and staff. I am pleased that the Association of American Law Schools Law Deans Anti-Racist Clearinghouse, which includes an incredible compilation of resources, remains in place.


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