From Nat'l Ass'n of Diversity Officers in Higher Ed. v. Trump, decided today by Fourth Circuit Chief Judge Albert Diaz, joined by Judges Pamela Harris and Allison Rushing:
In the first days of his second term, President Donald J. Trump issued two Executive Orders ["Ending Radical and Wasteful Government DEI Programs and Preferencing" and "Ending Illegal Discrimination and Restoring Merit-Based Opportunity"] that directed executive agencies to end "diversity, equity, and inclusion" ("DEI") programs within federal grant and contract processes…. The district court entered a preliminary injunction, but we stayed it pending appeal. We now vacate the district court's injunction and remand….
[1.] The court rejected a Due Process Clause vagueness challenge to the "Termination Provision" of the first executive order, which directed "all [federal] agencies, departments, and commissions to":
