‘They have not even tried’: Judge urged to keep injunction on Trump’s ‘unequivocally unconstitutional’ anti-DEI orders, plaintiffs say government repeating ‘failed’ arguments

Donald Trump looks to the right.

President Donald Trump departs after speaking at Mar-a-Lago in Palm Beach, Fla., Tuesday, Feb. 18, 2025 (Pool via AP).

A membership organization that won a nationwide injunction against an executive order targeting “diversity, equity, and inclusion” (DEI) initiatives wants a federal judge to stick to his guns.

In late January, President Donald Trump signed executive orders attempting to root out DEI from federal government contracts and barring government contractors with DEI programs of their own. Additionally, Trump directed the U.S. Attorney General to “deter” such “programs or principles” and to consider launching “civil compliance” investigations to effectuate such deterrence.

On Feb. 21, U.S. District Judge Adam B. Abelson, a Joe Biden appointee, issued a preliminary nationwide injunction against each of the three anti-DEI directives, finding they “abridge the freedom of speech” and are “unconstitutionally vague on their face.”

On Feb. 25, the government filed a motion to stay the court’s order pending appeal along with a memorandum arguing the injunction “intrudes on the Executive’s authority to enforce the law.”

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