Appeals Court Lifts Block on Trump's Anti-DEI Executive Orders

Ruling allows the former president's directives to withhold federal funding for diversity, equity and inclusion programs to move forward.

Published on Feb. 9, 2026

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A federal appeals court has lifted a preliminary injunction that had blocked President Donald Trump's executive orders aimed at cutting funding for diversity, equity and inclusion (DEI) initiatives. The 4th U.S. Circuit Court of Appeals ruled that the orders likely do not violate the Fifth Amendment's due process rights, allowing Trump's directives to withhold federal money for such programs to proceed.

Why it matters

The appeals court decision is a major victory for the former president, who has made eliminating DEI programs a priority. This ruling could have significant implications for universities, government agencies and other organizations that receive federal funding and have implemented DEI efforts.

The details

In its ruling, the 4th Circuit panel found that the orders to terminate funding for equity-related projects are likely not unconstitutionally vague. The court stated that "whether that's sound policy or not isn't our call" and that it was only evaluating the orders' constitutionality, not the merits of the policy itself.

  • The 4th U.S. Circuit Court of Appeals issued its ruling on Friday, February 9, 2026.

The players

Donald Trump

The former president who issued the executive orders to cut federal funding for diversity, equity and inclusion programs.

Albert Diaz

The chief judge of the 4th U.S. Circuit Court of Appeals who wrote the decision lifting the preliminary injunction.

American Association of University Professors

One of the groups that challenged the Trump administration's executive orders in court.

National Association of Diversity Officers in Higher Education

Another group that joined the legal challenge against the Trump administration's anti-DEI directives.

City of Baltimore

The city also participated in the lawsuit seeking to block the Trump administration's executive orders.

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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.”

— Albert Diaz, Chief Judge, 4th U.S. Circuit Court of Appeals (Law.com)

What’s next

The case is likely to continue moving through the courts, with the possibility of an appeal to the U.S. Supreme Court. The ultimate fate of the Trump administration's anti-DEI orders remains uncertain.

The takeaway

This ruling represents a significant setback for advocates of diversity, equity and inclusion programs, which have become increasingly common in higher education, government and the private sector. The decision underscores the ongoing political battle over the role of DEI initiatives and could embolden other efforts to limit or eliminate such programs nationwide.