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(CNN) — A federal judge temporarily blocked the Trump administration from carrying out certain directives of the president to crack down on diversity, equity and inclusion – or DEI – programs
US District Judge Adam Abelson said that the government could not freeze or cancel “equity-related” contracts, nor could it require recipients of grants to certify that their programs do not promote DEI. Nor is the government allowed to bring any False Claims Act enforcement action related to the anti-DEI certification requirement, under the judge’s preliminary injunction order.
In his ruling, Abelson said that the directives are likely unconstitutional and his order would apply nationwide.
He wrote that the provisions in question “are content- and viewpoint-based restrictions that chill speech as to anyone the government might conceivably choose to accuse of engaging in speech about ‘equity’ or ‘diversity’ or ‘DEI.’”
The case dealt with a provision from an Inauguration Day executive order signed by Trump that required agencies to terminate “equity-related” grants or contracts.
The City of Baltimore, two education associations and a restaurant association brought the lawsuit, alleging the directive infringed on Congress’ power over government spending while violating other constitutional provisions, including free speech protections.
During a Wednesday hearing in the case, Justice Department attorney Pardis Gheibi would not define “equity-related” when pressed by the judge. Lawyers for the challengers, meanwhile, argued the vague language of the order was aimed at deterring DEI programs writ large.
“Part of your theory is that the vagueness is a feature,” Abelson said. “Not a bug?”
CNN has reached out to the Justice Department for comment.
“We are grateful for the court’s decision to pause these harmful Executive Orders while it takes a careful look at how the orders blatantly violate our Constitution,” Skye Perryman, president and CEO of Democracy Forward, which is representing the challengers, said in a statement. “As our complaint states, in the United States, there is no King.”
This story has been updated with additional details.
The-CNN-Wire
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