Fourth Circuit clears path for Trump's DEI crackdown

A Fourth Circuit panel has overturned an injunction that had previously stalled President Donald Trump’s efforts to slash funding for diversity, equity and inclusion programs across the country. In a 25-page opinion filed Friday, U.S. Chief Circuit Judge Albert Diaz, a Barack Obama appointee, said the plaintiffs had failed to establish that their free speech rights were violated by the president’s executive orders. The orders do not regulate the private conduct of the grant recipients, which include institutions of higher learning and municipalities, and instead apply to the president’s cabinet, Judge Diaz noted. And while recipients are required to certify compliance with federal anti-discrimination laws to receive funding, Judge Diaz said that was a non-issue since the First Amendment does not confer a right to violate the law.