A group of plaintiffs asked a federal judge on Saturday to vacate the injunction he had previously entered in their favor against the Trump Administration that halted the implementation of the president’s directives to end DEI initiatives. The plaintiffs’ move came after a federal appellate court stayed the injunction, signaling a likely reversal of the injunction on appeal and a win for Trump. This motion represents the second effort within as many weeks by litigants to game the judicial system to avoid losing to the president on appeal. The courts should refuse to play along, including in this case by denying the motion to vacate the injunction.
On Saturday, the plaintiffs in National Ass’n of Diversity Officers in Higher Ed. v. Trump, filed a Motion to Vacate Preliminary Injunction Order in a federal court in Maryland. The plaintiffs in that case consisted of a national association of diversity officers, an organization representing university professors, a national organization of restaurant workers, and the Mayor and City Council of Baltimore.
In early February, these plaintiffs had sued Donald Trump and a slew of federal agencies, challenging the executive orders the president issued to halt DEI efforts and seeking to enjoin the federal agencies from implementing those executive orders.
On February 21, 2024, Judge Adam Abelson, a Joe Biden appointee, entered a preliminary injunction in favor of the plaintiffs. In that injunction, Judge Abelson held the Trump Administration could not “pause, freeze, impede, block, cancel, or terminate any awards, contracts or obligations . . . or change the terms of any Current Obligation,” based on the anti-DEI executive orders. The preliminary injunction further prohibited the Trump Administration from requiring any recipient of federal funds to certify in a grant or contract “that it does not operate any programs promoting DEI that violate any applicable Federal antidiscrimination laws.” Finally, the court enjoined the Trump Administration from taking any enforcement actions against grantees who maintain DEI programs in violation of the certification.
Judge Abelson later clarified that his preliminary injunction applied broadly and beyond the named defendants: The preliminary injunction applies to and binds all “federal executive branch agencies, departments, and commissions, and their heads, officers, agents, and subdivisions,” the court explained in a supplemental order earlier this month. […]
— Read More: thefederalist.com
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