Attorney General Charity Clark, along with a coalition of 18 attorneys general, has filed an amicus brief in support of a legal challenge against two executive orders issued by former President Trump. These orders are said to target diversity, equity, inclusion, and accessibility initiatives.
The brief was filed in the case National Association of Diversity Officers in Higher Education v. Trump at the United States Court of Appeals for the 4th Circuit. The plaintiffs, which include higher education associations and the city of Baltimore, have challenged provisions within these executive orders. The orders direct federal agencies to terminate "equity-related grants or contracts" and require recipients to certify that they do not operate programs promoting "diversity, equity and inclusion." Additionally, one order encourages the private sector to end such initiatives. Critical terms within these orders remain undefined by the administration.
A lower court previously ruled that the plaintiffs were likely to succeed and issued a preliminary injunction blocking enforcement of these provisions. However, this injunction was stayed by the 4th Circuit pending an appeal decision. Attorney General Clark and her colleagues are requesting that the court affirm the district court's order and reinstate the injunction.
In their brief, the attorneys general argue that diversity, equity, inclusion, and accessibility programs are both lawful and beneficial. They emphasize that many such programs ensure compliance with civil rights statutes at both state and federal levels. Furthermore, they highlight how these executive orders negatively impact states by denying them benefits associated with diverse workplaces, schools, and communities.
Attorney General Clark is joined in this effort by her counterparts from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Washington.