Recent court rulings in New Hampshire and Maryland have declared the Education Department's guidance banning race-based programs illegal, highlighting a violation of procedural standards and the First Amendment. The New Hampshire judge indicated that the vague nature of the guidance may compel institutions to forgo DEI initiatives to avoid losing federal funding. While the injunctions protect certain plaintiff institutions, many others remain susceptible. Concurrently, a separate lawsuit blocked the Department from enforcing certification requirements for K-12 schools regarding DEI programs, further complicating the Department's strategies against DEI efforts.
"Although the 2025 letter does not make clear what exactly it prohibits, it makes at least one thing clear: schools should not come close to anything that could be considered 'DEI,' lest they be deemed to have guessed wrong."
"It is predictable-if not obvious-that [schools] will eliminate all vestiges of DEI to avoid even the possibility of funding termination, regardless of whether it is an example of executive overreach."
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