A legal fight over how far the Trump administration can go in restricting diversity, equity, and inclusion efforts in schools quietly came to a close this week after the White House backed off its own appeal.
The administration dropped its challenge to a federal court ruling that blocked two Education Department memos aimed at universities and K-12 school systems. Those memos, issued last year, warned schools they could lose federal funding if they failed to roll back certain DEI-related practices.
By ending the appeal, the administration leaves in place a judge’s decision finding the guidance unconstitutional under the First Amendment. As a result, the directives cannot be enforced.
The Education Department has not publicly commented on the move. The original letters, sent in February, told colleges and school districts that race could not be considered in admissions, hiring, scholarships, or “all other aspects of student, academic, and campus life.” The guidance did not clearly define what qualified as DEI initiatives, which sparked confusion and concern across education systems.
After pushback from universities, the department issued a follow-up letter addressing questions about whether student groups organized around race or ethnicity were covered. For K-12 schools, states were asked to sign certifications agreeing to comply with the memo. Several states declined.
The lawsuit challenging the policy was filed by the American Federation of Teachers, arguing the administration overstepped its authority and chilled free speech in education settings.
The decision to abandon the appeal was welcomed by education advocates. Skye Perryman, president and CEO of Democracy Forward, said, “Today’s dismissal confirms what the data shows: government attorneys are having an increasingly difficult time defending the lawlessness of the president and his cabinet.”
She added, “And, when people show up and resist, they win. This is a welcome relief and a meaningful win for public education.”
The ruling now stands as a setback for the Trump administration’s broader campaign to limit DEI initiatives across public institutions.
