Fourth Circuit Stays Enforcement of Injunction on IE&D Executive Orders
On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit stayed enforcement of the preliminary injunction issued by a Maryland district court judge barring the Trump administration from proceeding with several elements of Trump’s executive orders regarding DEI or DEIA . The three-judge appellate panel issued a short order finding without discussion that the government had satisfied the factors for a stay as set forth by the U.S. Supreme Court. The basis for the decision appears to be a disagreement with the lower court’s determination that the plaintiffs are likely to prevail on the merits. The three judges seemed to agree that actions taken by the federal agencies pursuant to the executive orders could prove to be unconstitutional but that the orders, on their face, are not unconstitutional. Although all three judges agreed to the stay, each wrote a separate concurring opinion. Judge Harris provided the most detail regarding the basis for her vo...