Obama judge 'reluctantly' gives Trump a big victory on DEI ban

Feb 6, 2026 - 16:28
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Obama judge 'reluctantly' gives Trump a big victory on DEI ban


A federal court has cleared the way for President Donald Trump's ban on diversity, equity, and inclusion policies in federal agencies to go forward on Friday.

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U.S. Circuit Judge Albert Diaz, who was appointed by former President Barack Obama, wrote the opinion for the three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Virginia.

'Continue your critical work. Keep the faith. And depend on the Constitution, which remains a beacon amid the tumult.'

"President Trump has decided that equity isn't a priority in his administration and so has directed his subordinates to terminate funding that supports equity-related projects to the maximum extent allowed by law," the judge wrote. "Whether that's sound policy or not isn't our call."

The ruling lifts an injunction on the order that had been issued by U.S. District Judge Adam Abelson of Baltimore in Feb. 2025.

Abelson said the executive order likely violated the free-speech amendment to the Constitution. That lawsuit was filed by the National Association of Diversity Officers in Higher Education, the American Association of University Professors, and the City of Baltimore.

The court ruled against the arguments made opposing the order but allowed for the possibility of challenging them after the ban is implemented.

Diaz went on to admit in a separate concurrent opinion that he issued the order "reluctantly" and encouraged those fighting the DEI ban to continue their work.

RELATED: Equity activists are outraged that 'white guilt' has run out after Disney, Netflix, and other companies force out DEI chiefs

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"For those disappointed by the outcome, I say this: Follow the law," Diaz wrote. "Continue your critical work. Keep the faith. And depend on the Constitution, which remains a beacon amid the tumult."

Judge Abelson was appointed by former President Joe Biden.

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