Challenging Unlawful Executive Order Targeting Diversity And Inclusion Efforts

This case challenges a Trump-Vance administration executive order that targets perceived diversity, equity, and inclusion (DEI) efforts by federal contractors and subcontractors, threatening them with loss of funding, blacklisting, and legal penalties.

The plaintiffs are higher education organizations, academic professionals, and minority contractor groups that rely on federal funding and contracts to carry out their work. They include the National Association of Diversity Officers in Higher Education (NADOHE), the American Association of University Professors (AAUP), the United Academics of Maryland – University of Maryland, College Park (UAM-UMD), the National Association of Minority Contractors (NAMC), and the National Association of Minority Contractors – DMV Chapter (NAMC-DMV).

On March 26, 2026, the Trump-Vance administration issued an executive order broadly condemning DEI-related activities and directing federal agencies to impose new restrictions on contractors. The order labels efforts related to race, ethnicity, and inclusion as potentially unlawful and requires contractors to comply with vague and sweeping limitations or face severe consequences. The complaint alleges that the order violates the First Amendment by restricting speech and association based on viewpoint. It also violates the Fifth Amendment because its vague and overbroad provisions fail to provide clear guidance on what conduct is prohibited. In addition, the lawsuit argues that the administration exceeded its authority by using federal contracting power to impose conditions that Congress did not authorize.

The lawsuit alleges that the executive order is an attempt to suppress free speech and activities related to diversity and equal opportunity. Plaintiffs argue that the order forces organizations to choose between continuing mission-driven work or risking their ability to operate.

The plaintiffs seek to block the executive order and prevent the federal government from using funding as a tool to coerce speech and suppress protected activity.