At a Glance

  • Plaintiffs in a lawsuit against President Donald Trump have asked a Maryland judge to block his executive order targeting diversity, equity, and inclusion (DEI) activities by federal contractors (case name:National Association of Diversity Officers in Higher Education v. Trump）。
  • The coalition sued Trump on April 20 and argued in court filings submitted Thursday that the order would cause irreparable harm if the court does not grant a preliminary injunction. The filing states: "The administration has placed federal contractors in an impossible bind: either abandon their freedom of speech and association, or forgo the opportunity to do business with the government, directly or indirectly."
  • The plaintiffs argue they are likely to succeed on the merits because the order violates the First and Fifth Amendments, as well as the Administrative Procedure Act.

In-Depth Analysis

The case is being handled by Democracy Forward and is led by the National Association of Diversity Officers in Higher Education (NADOHE)—groups no strangers to litigation against Trump administration efforts to suppress DEI.

NADOHE previously sued Trump over two January 2025 executive orders targeting DEI in the public and private sectors. Although a Maryland judge granted a preliminary injunction in that case in February 2025, the Fourth Circuit Court of Appeals overturned that ruling this February, finding the plaintiffs lacked standing to challenge one provision requiring agency heads to prepare reports to combat "illegal" DEI programs.

The executive order Trump signed on March 26 directs executive departments and agencies to include a clause in federal contracts and subcontracts requiring these partners to agree "not to engage in any DEI activity that discriminates on the basis of race," or face cancellation of their contracts. Agency heads must ensure compliance with the order by July 24.

"In essence, this executive order is a gag rule disguised as a contract clause," said Sarah von der Lippe, an attorney involved in the case, in an April press release from Democracy Forward. "It requires minority-owned businesses to trade away their First Amendment rights to speak on issues of race and discrimination in exchange for fair access to federal contracts."

Other plaintiffs in the case include: the American Association of University Professors (AAUP); United Academics of Maryland-University of Maryland, College Park; the National Association of Minority Contractors (NAMC); and NAMC's District of Columbia, Maryland, and Virginia chapters.