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City of Baltimore sues Trump administration over DEI program cuts

Baltimore joins lawsuit against White House over violating constitution
Baltimore joins lawsuit against White House over violating constitution 00:51

BALTIMORE -- The City of Baltimore filed a lawsuit against the Trump administration Monday over a string of executive orders that halted federal diversity, equity, and inclusion (DEI) programs across the nation.

The city joins other plaintiffs, including the American Association of University Professors (AAUP), the Restaurant Opportunities Center United (ROC), and the National Association of Diversity Officers in Higher Education (NADOHE). 

The Trump administration eliminated existing federal DEI programs and reversed previous executive actions to promote diversity in federal government hiring and operations.

City of Baltimore sues over DEI cuts

According to the lawsuit, President Trump's executive order titled, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," seeks to suppress free speech surrounding DEI, and diversity, equity, inclusion, and accessibility (DEIA) principles. 

The lawsuit also alleges that the executive order threatens millions of dollars in federal grants that Baltimore City relies on for critical programs and functions. 

"The uncertainty of federal funding leaves the city wondering whether it needs to start reallocating resources - and likely reduce support for other programs - just to sustain its municipal functions," the lawsuit reads. 

Why did Mr. Trump cut DEI programs?

The executive order was issued on Mr. Trump's first day in office. In it, he criticizes DEI programs, saying they are "illegal and immoral." 

The order directs federal agencies to end "discriminatory programs" including "'diversity, equity, inclusion, and accessibility' (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear."

According to CBS News, some who oppose DEI programs believe hiring decisions should be based on merit, and not race, gender or other categories. Others further argue that DEI promotes racism. 

According to Mr. Trump's executive order, DEI policies have led to "illegal, pernicious discrimination that has prioritized how people were born instead of what they were capable of doing."

The order also instructs the attorney general to create a plan that would deter the private sector from continuing DEI programs.

Concerns about potential impacts of DEI order

In their lawsuit, the City of Baltimore says the DEI executive action is "unconstitutionally vague", and does not explicitly define what makes a DEI program illegal. The lawsuit argues that the vagueness encourages those tasked with enforcing the order to "engage in discriminatory enforcement."  

The city also expressed concern about a blanket implementation of the policy, specifically noting its potential impact on higher education institutions. 

NADOHE, one of the plaintiffs in the lawsuit, is a "membership organization designed for diversity professionals and institutions of higher education to become equipped with the necessary tools to advance equity, inclusion," according to the organization's website. NADOHE said its institutional members receive federal grants or hold federal contracts. 

The lawsuit says the Trump administration's order places organizations like NADOHE at risk of being targeted for civil compliance investigations, which could lead to a potential loss of funding. 

"Without any definitive criteria or information, any of the over 130 colleges and universities in the United States with endowments over $1 billion, including NADOHE's institutional members, are potentially in the crosshairs of the order," the lawsuit reads.

In addition, the lawsuit alleges that the order violates the Fifth Amendment's Due Process Clause, which places limits on government power, and declares that "no person shall be deprived of life, liberty, or property, without due process of law."

What is DEI?

DEI is a concept designed to protect the principles of Diversity, Equity, and Inclusion. Many organizations have established DEI initiatives.

In June 2023, the Supreme Court issued a decision ending affirmative action in higher education. Following the decision, conservative groups filed lawsuits against corporations, claiming their diversity initiatives and hiring practices violate civil rights laws. The legal actions specifically targeted racially conscious recruitment and workforce development programs.

Following the political and legal pressure, companies, including Walmart, FordMcDonald'sLowe's, Tractor SupplyHarley-Davidson, and Meta recently announced that they were ending their DEI programs. 

Maryland leaders defend DEI programs

Maryland leaders have consistently defended DEI policies, even before Mr. Trump's executive order.

On Jan. 14, Maryland Attorney General Anthony Brown joined a coalition of 13 other attorneys general urging Walmart to reconsider its plans to halt its DEI initiatives. 

On Jan. 24, Maryland leaders responded to Executive Order 14173 with a joint resolution, affirming their commitment to DEI.

"Diversity, Equity, and Inclusion (DEI) is a centuries-old movement deeply rooted in America's founding principles and its subsequent legacy of civil rights and social justice efforts aimed at delivering the laws, policies, and initiatives that enable America to live up to our Constitution's promises," the resolution reads in part. 

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