A federal judge has significantly limited the Trump administration’s ability to implement a policy that threatens to withhold federal funding from schools for engaging in diversity, equity, and inclusion programs, or for incorporating race in specific areas of student life.
U.S. District Judge Landya McCafferty said the policy, which the Department of Education described to educators as “textbook viewpoint discrimination,” is likely violating the First Amendment’s Free Speech protections.
Although Judge McCafferty did not issue a nationwide order to block the policy, she has prevented the administration from enforcing it against any school that employs members of the National Education Association and receives federal funding.
Her preliminary injunction comes after a short-term agreement between the administration and the challengers to delay the policy’s implementation. This agreement included a certification process that required schools to provide specific information for the judge’s review and was set to expire on Thursday.
At least two other courts are currently considering challenges to this policy.
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