A Trump-appointed judge overturned the Trump administration’s ban on policies of diversity, equity and inclusion in schools and colleges, according to Collin Binkley of the AP. Will her ruling stand?
WASHINGTON (AP) – A federal judge on Thursday struck down two Trump administration actions aimed at eliminating diversity, equity and inclusion programs at the nation’s schools and universities.
In her ruling, U.S. District Judge Stephanie Gallagher in Maryland found that the Education Department violated the law when it threatened to cut federal funding from educational institutions that continued with DEI initiatives.
The guidance has been on hold since April when three federal judges blocked various portions of the Education Department’s anti-DEI measures.
The ruling Thursday followed a motion for summary judgment from the American Federation of Teachers and the American Sociological Association, which challenged the government’s actions in a February lawsuit.
The case centers on two Education Department memos ordering schools and universities to end all “race-based decision-making” or face penalties up to a total loss of federal funding. It’s part of a campaign to end practices the Trump administration frames as discrimination against white and Asian American students.
The new ruling orders the department to scrap the guidance because it runs afoul of procedural requirements, though Gallagher wrote that she took no view on whether the policies were “good or bad, prudent or foolish, fair or unfair.”
Gallagher, who was appointed by President Donald Trump, rejected the government’s argument that the memos simply served to remind schools that discrimination is illegal.
“It initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished,” Gallagher wrote.
Democracy Forward, a legal advocacy firm representing the plaintiffs, called it an important victory over the administration’s attack on DEI.
“Threatening teachers and sowing chaos in schools throughout America is part of the administration’s war on education, and today the people won,” said Skye Perryman, the group’s president and CEO.
The Education Department did not immediately comment on Thursday.
The conflict started with a Feb. 14 memo declaring that any consideration of race in admissions, financial aid, hiring or other aspects of academic and student life would be considered a violation of federal civil rights law.
The memo dramatically expanded the government’s interpretation of a 2023 Supreme Court decision barring colleges from considering race in admissions decisions. The government argued the ruling applied not only to admissions but across all of education, forbidding “race-based preferences” of any kind.
“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” wrote Craig Trainor, the acting assistant secretary of the department’s Office for Civil Rights.
A further memo in April asked state education agencies to certify they were not using “illegal DEI practices.” Violators risked losing federal money and being prosecuted under the False Claims Act, it said.
In total, the guidance amounted to a full-scale reframing of the government’s approach to civil rights in education. It took aim at policies that were created to address longstanding racial disparities, saying those practices were their own form of discrimination.
The memos drew a wave of backlash from states and education groups that called it illegal government censorship.
In its lawsuit, the American Federation of Teachers said the government was imposing “unclear and highly subjective” limits on schools across the country. It said teachers and professors had to “choose between chilling their constitutionally protected speech and association or risk losing federal funds and being subject to prosecution.”

As great as it sounds, I can’t imagine this SCOTUS supporting DEI, civil rights etc. now.
On a similar note, does anyone happen to know if it is legal for the landlord from a real estate management company, who manages the condo I rent, to impose his own version of my religion’s rules on me? (He’s Ultra Orthodox and I am Reform.) I ask because although I haven’t challenged the legality of it, I have to question it because I’m about to become homeless (again!) due to that. This is because of a new landlord who said his religious leader told him he can’t rent to people who have a roommate of the opposite sex when they are not married. My lease is up and he voided the new lease I signed last week because I was about to have a new male roommate.
I’ve lived in my place for over 5 years, had other male room mates here and nothing nefarious occurred. That’s because I’ve had no interest in an intimate relationship since I was raped decades ago. After becoming homeless the first time, a religious charitable organization has helped me and because they will pay up to $500 of the rent, THEY have always been the ones who chose my roommates, not me. When they originally gave me my first male roommate, they did say it was the first time they assigned a male to a woman and I figured it was because they knew my history, and that I could be trusted –plus they’ve assigned gentlemen. They don’t have a female in need of a place right now, so I can’t pay my full rent, nor utilities, and I’m about to be booted out! And I don’t know what to do!..
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P.S. I’ve never known who actually owns the condo that I rent, just that my management company seems to differ from the company that manages some of the other condos here.
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Oh, ECE, I am so sorry for this outrageous situation, it just makes my blood boil. It should be illegal! but I haven’t a clue as a layman. Certainly looks like a violation of Fair Housing laws, if one can depend on google AI summary. Try to find a legal aid atty? Best of luck to you.
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BeThree500, Thanks so much for your empathy, insight and suggestions –all of which I highly value. All the best to you!!
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Also, if my landlord has the right to determine that I must follow the same religious rules that he does, then couldn’t he demand that I keep only the same kinds of food in my place that he’s allowed to eat? And what about the people who live in the unit next to mine, which I know his company manages, too? They are another religion, with differing eating requirements.
BTW, my religious leader, from the charity, who is also Orthodox and knows me very well, didn’t have a problem with my living arrangements (but he recently retired).
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I am sorry for your trouble. I have no idea what legal recourse you might have, but your plight emphasizes to me the strength society and the individuals in it get when home ownership becomes possible.
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Thanks so much, Roy. I would like to highlight your very insightful statement:
“your plight emphasizes to me the strength society and the individuals in it get when home ownership becomes possible.”
This is so on target! We should all be so lucky!!!
Although I truly adored my work, I didn’t make much money as a teacher –just minimum wage for a long time, such as in private non-union child care centers. Even after returning to school for more degrees, I usually made an unpredictable limited income, such as teaching college, where I trained people to be teachers. That’s because often I was paid per course or worse –per student who completed at least 60% of the course. Those are the primary reasons why, after working for over 50 years, I get poverty level Social Security Retirement Income today.
For the very reason you described, I long wished that my prosperous step-father had taught or helped me to not have to throw my hard earned income down the rent toilet for decades, instead of repeatedly admonishing me for it. It’s very unfortunate that not everyone has the advantage of being able to avoid that pitfall and get ahead, especially without guidance or some kind of financial assistance.
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Unfortunately, in some families, like mine, it’s not step children who get that kind of help, just the full fledged son, like my step-father got from his parents and like he gave to my (half) brother –along with assistance in getting a townhouse, and then a sprawling home. Girls often hear something like,” Oh, you’ll just be getting married and then your husband will deal with it,” as my sister and I heard.
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Plus, as I mentioned previously in other threads, when I did secure decent paying FT jobs, in both lower ed and higher ed, the business model hit education and social services, and then my programs and schools were shut down…
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After that, the only job offers I received were in schools where they hired teachers as Independent Contractors (ICs) — which is another ploy resulting from the implementation of the business model. I felt I had no choice but to take the work, so then I had 3 jobs in a row as an IC, and due to my dyscalulia, I ended up owing a lot of taxes.
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When you work as an IC and owe taxes, IRS can have your employer send all of your paychecks to them. I worked for one school as an IC for 8 years and the last 6 years that I worked there –ALL of my checks went to IRS.
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I found another teaching job where I was hired as an employee, but I didn’t take home enough money to be able to pay my rent etc. So I had two jobs teaching in higher ed when I became homeless.
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I was even hired by my local public schools as an IC. I mentored teachers in several schools across my city, but after a couple years, due to a digestive disorder that I have, I was getting sick so often that I realized I couldn’t work in the field anymore. So my last two jobs involved teaching college courses online from home. When I became homeless, home then became my car –which I always thought saved my life because it took months for me to get into the nearby homeless shelter. I got a hot spot and lived in Walmart parking lots since they were open 24 hours then and I could use their bathrooms. Last year I had to junk my car because it was 25 years old and I couldn’t afford the repairs it needed. Also, the homeless shelter was sold and is now a parking lot, so I really don’t know how I’m going to be able to handle being homeless this time.
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FYI, I became homeless 10 years ago and though I am very grateful for the wonderful charity that has helped me, after that, I never got to choose where I lived or who I lived with, so I continued to feel like I was homeless. That was until, at the last place, our electricity went out and the electrician said it was too unsafe for us to live there so we had to move, which was 5 years ago. That was when I found and got permission to pick the wonderful place where I live now –and it’s also when I finally stopped feeling like I was homeless. I decorated it extensively and very uniquely (with lots of dream catchers and fairy lights) which was rather costly for me, so I wasn’t able to finish it until early this year. It’s also why losing it now feels so traumatic.
The beauty of the Internet is that I can talk about it, since you don’t know who or where I am, when in real life, I’ve always felt too ashamed and embarrassed to discuss it all. So thank you ever so much for listening and for your insights and feedback!
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I took a video (with my rather primitive flip-phone) of the unique way that I decorated my living room and hallway, since it’s increasingly looking like I’m going to have to soon pull down what took me 5 long years to create. I began making this with help from the roommate who moved in here with me, but very sadly, he got stomach cancer and died at age of 66.
We named it “My Secret Garden of the Heart, Mind and Soul: A Multi-Sensory Immersive Dream Catcher Experience.” You can take a look at it here:
https://streamable.com/4kiifm
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“”Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” wrote Craig Trainor,…”
I would be interested to see how Trainor would characterize red lining, Jim Crow legal structures, and racial profiling, if not systemic racism.
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Very important point! I was thinking about that myself today, especially because I grew up in a city notorious for redlining, as well as blockbusting. The latter is when real estate developers call white home owners, particularly those with expensive houses, and warn them that people of color are coming and once they move in, home owners won’t get what their homes are worth –so they had better sell their houses very quickly. They cause panic and that’s how you get white flight (which is why my step-father made us move to the suburbs just before my last year of high school). It only took a few years to accomplish here, but ever since, nearly half of my city has been racially segregated, blighted and dangerous in areas where there are mostly apartments, like where we lived in my mom’s first marriage. (I also worked in several public schools in those neighborhoods).
So now I don’t trust real estate agents at all, and we’ve got a malignant narcissist real estate developer who is effectively redlining our entire country while denying anything like that ever happened. And he wants it all erased from the record, too –possibly because he got in trouble for doing that himself when he worked with his father.
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ECE– That rings a bell with me. From age 5 on [mid-1950’s], my husband’s family lived in a cozy working-class airport-adjacent Queens nbhd. Realtors blockbusted in latter ‘60s; his parents resisted moving from the close-knit nbhd where their only child had attended primary school, and was in his last yr at a nearby high school.
That year he was mugged/ attacked with brass knuckles a block from his home [by thuggy predatory teens in a nbhd undergoing radical change]. The loss of a few front teeth has been a lifelong dental issue, but that was just the physical effect. His dad suffered for the rest of his yrs, feeling he had failed to protect his child.
His son (my husband)—tho he had decades of periodic PTSD-type screaming dreams that would awaken him—was not changed otherwise: he was always a liberal kid in rebellion against conformism and prejudice 😉. Out of kindness he never revealed to his parents that he counted them among the “white-flighters” whose biases were part & parcel of the success of blockbusting.
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Wow! Although the location within our country differs greatly, we faced something very similar to your husband’s experience –and during the same time period!
Contrary to my mom’s very open minded and supportive opinions, my step-father hated that, at my gradually integrating city high school in the late 60s, I had become friends with a mix of students of color: Black, Hispanic, Asian and White of different religions. We even called ourselves “The United Nations!” Though I never told my parents, after Martin Luther King was killed, some black girls from my classes beat me up right outside my high school as well.
Although my family didn’t move this way, some folks were apparently so afraid that there were MANY reports of people in my neighborhood who moved out of their homes in the middle of the night! Similarly, in the suburb we moved to, the reports were of a lot of people moving in at night. Consequently, I have long thought that Realtors in this country have waaay too much power!
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Isn’t it rather ironic that we went from being part of a country where royalty, aristocrats and other rich land owners ruled and were in charge of everything and everyone, to being a country which claims to be free and yet land developers, as well as other wealthy people are the ones who get to call the shots today?
The outcome still means that only certain people get to wield power and benefit. Goes to show that there’s really not a huge difference when the players are changed or the rules of the game are rigged, ignored or decimated.
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Usually I just watch PBS and tonight I’ve been watching “The U.S. and the Holocaust: Insight and Understanding” from Ken Burns and company. It makes me wonder how at risk Burns is right now for regularly telling our country’s history –the good, the bad and the ugly. I think his shows are pretty well balanced, but none the less, truthful, so I question how much longer we’ll be able to see his shows.
I’d learned a lot from my family about anti-semitism and about racism from experiences with my civil rights activist mom, including while being in the South. However, I grew up in an era when kids often played “Cowboys and Indians,” due to the abundance of Western TV shows and movies, and Native Americans were typically depicted as bad guys. I didn’t learn the truth about that until college, when I took a course called Racism in America. That’s where I first learned how badly we treated Native Americans, such as about how the military purposely infected them with blankets that were contaminated with small pox.
The thought that, due to the white washing of America that’s going on right now, people might not even be able to learn the truth about our history in college is truly infuriating!
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ECE, someday this infestation of hateful people will be voted out, and we will rebuild our country, restore our ideals, and study history written by historians, not racists.
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Thanks, Diane, I really hope that’s the case, and I truly admire your optimism!
When I finally learned the truth about how Native Americans were treated, I was really pissed off that I had to be in higher ed to learn it, considering all the numerous US History courses I was required to take in lower ed.
Hopefully, when history is back in the hands of historians, others will also be upset about people not being able to learn the truth sooner and they’ll take action to ensure our rights are shored up, so Americans can never be silenced by a fascist dictator-wannabe ever again.
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