Trump-appointed judge blocks Education Department DEI crackdown

(CN) — A federal judge on Thursday struck down two Trump administration documents that sought to effectively ban all race-based considerations in schools and universities, ending a monthslong legal standoff between the Department of Education and one of the largest teachers unions in the nation.

U.S. District Judge Stephanie Gallagher, who was appointed by President Donald Trump in his first term, ruled that the Education Department violated constitutional and procedural law by threatening to eliminate federal funds for schools that consider race in admissions, hiring, financial aid or any other aspect of campus life, including curricula.

“The government announced large-scale policy changes without considering whether they were appropriate based on existing facts and law, or the extent to which they would disrupt schools and teachers’ status quo to the detriment of students’ learning,” Gallagher wrote in her ruling.

The Education Department first announced the now-vacated instructions in a Feb. 14 “Dear Colleague” letter sent to school officials. The department instituted a two-week deadline for schools and universities to make the prescribed changes before it would rescind federal funds. The department released an accompanying document in April requesting certification of compliance.

Shortly after the Dear Colleague letter’s release, the American Federation of Teachers — the nation’s second-largest teachers union — sued the Education Department in Maryland federal court, arguing the letter’s instructions were arbitrary and capricious in violation of the Administrative Procedure Act.

The Education Department has repeatedly claimed in court that its Dear Colleague letter simply restated existing law and did not produce any change in government policy. Gallagher has, on multiple occasions, rejected this claim.

“If anything, the government’s repeated assertions that the letter says nothing new evince that it is still either unaware or unwilling to admit that it has changed positions,” Gallagher wrote in her opinion.

In direct contradiction with the Education Department’s claims, prior department guidance explained that neither race-related gatherings nor racial justice-based lessons would likely raise Title VI concerns, Gallagher noted.

Most concerningly, she added, the department failed to explain or even acknowledge that the Dear Colleague letter significantly extended the department’s authority to regulate curricula and categorize content as discriminatory.

“The stringent procedures outlined by the APA are not hollow gestures designed to manufacture the appearance of fair and reasoned decision-making; they exist to ensure that agencies stay within the bounds of their delegated authority and exercise that authority within the constraints of the law more broadly,” Gallagher said.

Additionally, Gallagher blasted the department for failing to provide any factual basis for the claims underpinning both documents.

For example, the Dear Colleague letter accuses educational institutions of discriminating against white and Asian students and “toxically indoctrinat[ing] students” by teaching that the U.S. is built upon systemic racism. However, Gallagher noted, neither the letter nor the certification document lists any evidence of either such accusations.

“The government certainly is entitled to its viewpoint, and it is not required to provide factual bases for its viewpoints as a general matter,” Gallagher wrote. “But where it seeks to use those viewpoints to alter the legal landscape and to impose new obligations on regulated persons, it must consider evidence and demonstrate appropriate consideration of relevant facts. The letter and certification provide no line at all distinguishing viewpoint from binding policymaking.”

Altogether, Gallagher found these changes in federal policy arbitrary and capricious. While enforcement of both documents had been temporarily blocked since April, Gallagher’s ruling formally and permanently bars their implementation.

“The government did not merely remind educators 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. “The law does not countenance the government’s hasty and summary treatment of these significant issues.”

An Education Department spokesperson expressed dissatisfaction with the ruling.

“While the department is disappointed in the judge’s ruling, judicial action enjoining or setting aside this guidance has not stopped our ability to enforce Title VI protections for students at an unprecedented level,” the spokesperson told Courthouse News. “The department remains committed to its responsibility to uphold students’ anti-discrimination protections under the law.”

The teacher’s union did not immediately respond to a request for comment.

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