The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals said the directives by President Donald Trump, including an order urging the Department of Justice to investigate companies with DEI policies, were likely constitutional, disagreeing with a February ruling by a federal judge in Maryland.
“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.
“A judge’s opinion that DEI programs ‘deserve praise, not opprobrium’ should play absolutely no part in deciding this case,“ Rushing wrote.
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.
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.
He also told the Justice Department and other agencies to identify businesses, schools and nonprofits that may be unlawfully discriminating through DEI policies.
The Trump administration has maintained that the orders do not ban or discourage any speech but were targeted at unlawful discrimination.
Abelson held a hearing on the matter on Friday but did not issue any further ruling.
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