By Joanna Colosimo and David Cohen
The National Urban League, National Fair Housing Alliance, and AIDS Foundation of Chicago have come together to challenge a series of Executive Orders (EO) issued by President Trump including EO 14151, “Ending Radical and Wasteful DEI Programs and Preferencing;” EO 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government;” and EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
Defendants include the President, the Office of Management and Budget (OMB), OMB Director Russell Vought, Office of Federal Contract Compliance Programs (OFCCP), Acting OFCCP Director Michael Schloss, the Department of Labor, Acting Secretary of Labor Vince Micone, and other departments such as Health and Human Services (HHS) and respective department heads, such as Robert F. Kennedy, Jr.
The plaintiffs argue that the Executive Orders are not only unconstitutional but also undermine the principles of equality and justice—which are enshrined in the U.S. Constitution—as well as various federal civil rights laws. Additionally, the plaintiffs posit that the Executive Orders falsely assert that Diversity, Equity, Inclusion, and Accessibility (DEIA) programs are illegal and inconsistent with merit-based opportunities, thereby penalizing organizations that support these initiatives.
Importantly, the plaintiffs also argue that the Executive Orders are vague, discriminatory, and violate the First and Fifth Amendments. They contend that the orders chill free speech, impose unconstitutional conditions on federal funding, and disproportionately harm people of color, women, LGBTQ individuals, and people with disabilities.
The plaintiffs are seeking declaratory and injunctive relief to prevent the enforcement of these orders and to protect their constitutional rights. This is the second of two lawsuits challenging the First and Fifth Amendments to EO 14151 and EO 14173.
DCI will continue to monitor the outcome of this case and provide updates as they occur on our Executive and Federal Agency Actions page. At this time, a preliminary injunction was granted in U.S. District Court in Maryland for some provisions, as noted in a previous blog entry.
DCI has also compiled all Executive Orders, regulatory and sub-regulatory updates, and legal challenges on our Regulatory Updates page.
