Federal Orders Ending DEI Programs Allowed to Proceed

Appeals court vacates nationwide injunction blocking executive orders

Published on Feb. 12, 2026

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The 4th U.S. Circuit Court of Appeals has vacated a nationwide preliminary injunction that had blocked enforcement of executive orders issued by former President Trump directing federal agencies to end diversity, equity, and inclusion (DEI) programs tied to federal grants and contracts. The appeals court found the plaintiffs lacked standing to challenge one provision of the orders and were unlikely to succeed on their constitutional claims against the others.

Why it matters

This ruling allows the federal government to move forward with dismantling DEI initiatives that have become commonplace in many organizations receiving federal funding. It represents a significant shift in policy from the previous administration and raises questions about the future of such programs across the public and private sectors.

The details

The plaintiffs, including the Mayor and City Council of Baltimore, the American Association of University Professors, and the National Association of Diversity Officers in Higher Education, had sought to block three key provisions of the executive orders. The Termination Provision instructed agencies to wind down DEI-related offices, initiatives, and funding. The Certification Provision required grantees to certify compliance with existing anti-discrimination laws and attest they were not operating unlawful DEI programs. The Enforcement Threat Provision directed agency heads and the Attorney General to identify steps to deter DEI programs violating federal law.

  • The 4th Circuit Court of Appeals issued its ruling on February 12, 2026.

The players

National Association of Diversity Officers in Higher Education

An organization representing diversity professionals in higher education, one of the plaintiffs in the case.

President Trump

The former U.S. president who issued the executive orders at the center of the case.

Mayor and City Council of Baltimore

Another plaintiff in the case, representing the city government of Baltimore.

American Association of University Professors

A plaintiff in the case, representing the interests of university faculty.

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What’s next

The case has been remanded back to the district court for further proceedings consistent with the 4th Circuit's ruling.

The takeaway

This decision marks a significant shift in federal policy, allowing the government to dismantle diversity, equity, and inclusion programs tied to federal funding. It raises questions about the future of such initiatives across the public and private sectors and underscores the ongoing debate over the role of DEI efforts in American institutions.