Chicago – Illinois Attorney General Kwame Raoul co-led a coalition of 18 attorneys general in filing an amicus brief supporting a legal challenge to two of President Trump’s executive orders targeting diversity, equity, inclusion and accessibility initiatives.
Raoul and the coalition filed their brief in National Association of Diversity Officers in Higher Education v. Trump before the United States Court of Appeals for the 4th Circuit. The plaintiffs in the case, higher education associations and the city of Baltimore, challenged vague provisions in the executive orders that direct federal agencies to terminate “equity-related grants or contracts” and to include in contracts or grant awards a requirement that recipients certify that they do not operate programs promoting “diversity, equity and inclusion.” One of the orders also directed the U.S. Attorney General to encourage the private sector to end diversity, equity and inclusion initiatives. The administration has not defined critical terms in the executive orders, including which diversity, equity and inclusion practices it finds objectionable.
“Diversity initiatives are lawful, and studies show that they lead to more successful businesses and learning environments,” Raoul said. “I will stand with those who are challenging this administration’s illegal attempts to eliminate these programs and turn back the clock on the important progress that has been made toward equity.”
A lower court concluded that plaintiffs were likely to succeed with their case and entered a preliminary injunction blocking the administration from enforcing the provisions of the orders being challenged by the lawsuit. The administration sought and was granted a stay of the injunction from the 4th Circuit pending a decision on the merits of the appeal. Raoul and the attorneys general are asking the court to affirm the district court’s order and put the injunction back in place.
In their brief, Raoul and the attorneys general maintain that diversity, equity, inclusion and accessibility programs are lawful and beneficial. In fact, many such programs ensure compliance with state and federal civil rights statutes. The attorneys general also explain how the challenged provisions in the executive orders harm the states, as well as their residents and businesses, by denying them the many valuable benefits associated with workplaces, schools and communities that have adopted practices related to diversity, equity, inclusion and accessibility.
Attorney General Raoul co-led the coalition filing the brief with California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Joy Campbell. They were joined in filing the lawsuit by attorneys general of Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington.
