Fourth Circuit Overturns Injunction, Clears Path for Trump's DEI Rollback

Appeals court ruling hands significant legal victory to Trump administration, allowing enforcement of executive orders banning diversity programs.

Published on Feb. 8, 2026

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A federal appeals court has overturned a lower court injunction that had blocked the enforcement of President Trump's executive orders banning diversity, equity, and inclusion (DEI) programs across federal agencies and government contractors. The 4th U.S. Circuit Court of Appeals in Richmond, Virginia ruled that the orders represent a policy choice by the president, and courts cannot override that choice before it's applied.

Why it matters

This ruling is a major setback for the DEI industry and the institutions that have built their identities around such programs. The decision clears the way for the Trump administration to move forward with terminating DEI-related initiatives, which was one of the president's earliest and most visible policy moves after returning to office.

The details

The appeals court panel, led by Obama-appointed Judge Albert Diaz, determined that legal challenges to the executive orders must be brought based on how agencies enforce the directives in specific cases, rather than through broad, facial challenges. The court held that the president has the authority to set the administration's priorities, even if the judge personally sympathized with the DEI programs.

  • The executive orders were signed by President Trump shortly after he returned to office.
  • The lower court injunction was issued in early 2025.
  • The 4th Circuit Court of Appeals overturned the injunction on February 9, 2026.

The players

President Donald Trump

The former president who issued the executive orders banning diversity, equity, and inclusion programs across federal agencies and government contractors.

Judge Albert Diaz

An Obama-appointed judge on the 4th U.S. Circuit Court of Appeals who authored the opinion overturning the lower court injunction.

Judge Adam Abelson

The Baltimore-based U.S. District Judge who initially ruled that Trump's executive orders likely violated the Constitution and issued an injunction blocking their enforcement.

City of Baltimore

One of the plaintiffs that challenged the executive orders, along with the National Association of Diversity Officers in Higher Education and the American Association of University Professors.

Democracy Forward

A legal group aligned with the challenge to Trump's executive orders, which said it is "reviewing the ruling" after the 4th Circuit's decision.

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What they’re saying

“President Trump has decided that equity isn't a priority in his administration and so has directed his subordinates to terminate funding that supports equity-related projects to the maximum extent allowed by law. Whether that's sound policy or not isn't our call.”

— Judge Albert Diaz, U.S. Circuit Judge, 4th Circuit Court of Appeals

“For those disappointed by the outcome, I say this: Follow the law. Continue your critical work. Keep the faith.”

— Judge Albert Diaz, U.S. Circuit Judge, 4th Circuit Court of Appeals

What’s next

With the injunction overturned, the Trump administration can now move forward with enforcing the executive orders and terminating DEI-related programs across federal agencies and government contractors. However, specific grant recipients who can show concrete harms from agency actions may still bring legal challenges.

The takeaway

This ruling demonstrates that the courts will not simply block presidential policy directives on ideological grounds, even when the presiding judge may personally disagree with the policy. It sets a high bar for broad, facial challenges and requires plaintiffs to show specific, concrete harms from the enforcement of the orders in order to prevail in court.