‘They specifically target viewpoints the government seems to disfavor’: Judge gives lengthy First Amendment lecture to Trump admin over failed effort to enforce anti-DEI orders

Donald Trump raises his right hand.

President Donald Trump speaks in the Roosevelt Room of the White House in Washington, Monday, March 3, 2025 (Pool via AP).

The Trump administration has failed to convince a federal judge that its efforts to penalize “diversity, equity, and inclusion” (DEI) initiatives should be allowed to go forward amid an ongoing lawsuit.

In January, President Donald Trump issued two executive orders attempting to root out DEI from federal government contracts and barring government contractors with in-house DEI programs. Additionally, Trump directed the U.S. attorney general to “deter” such “programs or principles” and to consider launching “civil compliance” investigations to bring about such deterrence.

On Feb. 21, U.S. District Judge Adam B. Abelson, a Joe Biden appointee, issued a preliminary nationwide injunction against the three anti-DEI directives. On Feb. 25, the government filed a motion to stay the court’s order pending appeal. On Feb. 28, the plaintiffs in the case urged the judge to stick to his guns.

On Monday, the court denied the government’s motion to stay the injunction. In a 10-page memorandum opinion and order, the judge opined at length that the government’s anti-DEI policies constitute one of the “most egregious” violations of the First Amendment.

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