The Trump administration ran 鈥渋nto serious constitutional problems鈥� by asking states to certify their school districts don鈥檛 use diversity, equity, and inclusion practices, a federal judge ruled this week.
Maryland District Judge Stephanie Gallagher on Thursday sided with a coalition of plaintiffs鈥攊ncluding the American Federation of Teachers, the nation鈥檚 second-largest teachers鈥� union, and the Eugene, Ore., school district鈥攖hat sued in an effort to strike down several efforts made by the U.S. Department of Education to curb 糖心动漫vlog鈥� use of what it called 鈥渋llegal DEI practices鈥� without defining the term.
The plaintiffs were challenging a Feb. 14 department memo, sent to K-12 schools and universities, telling them to cease using 鈥渞ace as a factor in admissions, financial aid, hiring, training, and other institutional programming,鈥� and a certification requirement, through which the Education Department threatened to withhold federal funding unless states signed a letter saying no schools used DEI.
Gallagher, along with other federal judges considering similar cases, had already agreed with plaintiffs that the Feb. 14 鈥淒ear Colleague鈥� letter ran afoul of the law, but her fully considered the certification requirement. A Trump-appointed judge, Gallagher found it unlawful.
鈥淭his court takes no view as to whether the policies at issue in this case are good or bad, prudent or foolish, fair or unfair. But, at this stage too, it must closely scrutinize whether the government went about creating and implementing them in the manner the law requires. Here, it did not,鈥� she wrote in her opinion. 鈥淎nd by leapfrogging important procedural requirements, the government has unwittingly run headfirst into serious constitutional problems.鈥�
The ruling is a victory for the 糖心动漫vlog who have repeatedly challenged President Donald Trump鈥檚 administration for its swift and aggressive action to carry out the president鈥檚 policy agenda. Since taking office, the Trump administration has zeroed in on what it calls 鈥渋llegal DEI鈥濃�攊ssuing executive orders and launching other policy efforts to curb its use.
Plaintiffs called Gallagher鈥檚 opinion an 鈥渋nvaluable decision that will have a sweeping and positive impact on public schools, teachers, and students.鈥�
鈥淭hreatening teachers and sowing chaos in schools throughout America is part of the Trump-Vance administration鈥檚 war on education, and today the people won,鈥� the coalition, represented by the group Democracy Forward, said in a statement. 鈥淲hile the fight to protect public education is far from over, today鈥檚 ruling is an important victory.鈥�
An Education Department spokesperson said, despite the ruling, the agency 鈥渞emains committed to its responsibility to uphold students鈥� anti-discrimination protections under the law.鈥�
鈥淲hile the department is disappointed in the judge鈥檚 ruling, judicial action enjoining or setting aside this guidance has not stopped our ability to enforce Title VI protections for students at an unprecedented level,鈥� the spokesperson continued.
Judge says administration can鈥檛 express viewpoints at 鈥榚xpense of constitutional rights鈥�
Early into his second term, Trump signed an executive order threatening federal funds if schools used DEI, which he termed 鈥渄iscriminatory equity ideology.鈥� The Education Department began working in tandem by issuing anti-DEI memos, opening an 鈥淓nd DEI鈥� portal for the public to report the use of DEI, and directing states and school districts to certify they wouldn鈥檛 use DEI in order to receive federal funds. The department has also opened at least 65 civil rights investigations into school districts and colleges over alleged use of DEI, alleging violations of Title VI of the Civil Rights Act for initiatives such as a Black Student Success Plan in Chicago.
Twenty-one states, the District of Columbia, and Puerto Rico had said they would sign the certification, according to an Education Week tally. Twenty-five states declined to sign it. The Education Department set an April 24 deadline.
The actions sparked several lawsuits, and three judges in April agreed with plaintiffs that they didn鈥檛 pass legal muster, putting them on hold for slightly different reasons.
Gallagher, appointed to the federal bench in Trump鈥檚 first term, found in April that the administration hadn鈥檛 followed proper procedure in directing schools to eliminate DEI programs, which she said represented a significant policy change. She also found that the directive overstepped the federal government鈥檚 authority with respect to curriculum, which it鈥檚 prohibited by law from influencing or prescribing.
Her April ruling temporarily blocked the Feb. 14 鈥淒ear Colleague鈥� letter on DEI. Her Thursday ruling was the final finding in the case.
In the Thursday decision, Gallagher said the letter and certification requirement 鈥渂oth make credible and specific threats of enforcement relating to classroom speech.鈥� She also found that the administration did not properly follow rulemaking procedures.
鈥淭he administration is entitled to express its viewpoints and to promulgate policies aligned with those viewpoints,鈥� she wrote. 鈥淏ut it must do so within the procedural bounds Congress has outlined. And it may not do so at the expense of constitutional rights.鈥�
American Federation of Teachers President Randi Weingarten called Gallagher鈥檚 decision a 鈥渉uge win鈥� and 鈥渟weeping indictment鈥� of the Trump administration鈥檚 actions.
鈥淭his decision rightly strikes down the government鈥檚 attempt to dictate curriculum, and, in so doing, upholds the purpose and promise inherent in our public schools,鈥� she said in a statement.
