A federal District Court in Maryland (Stephanie A. Gallagher) has stayed the U.S. Department of Education from implementing its February 24 “Dear Colleague” letter to educational institutions. The letter requires them to follow the Department’s interpretation of law eliminating diversity, equity and inclusion in their programs. The case was brought by the American Federation of Teachers, its Maryland affiliate, the American Sociological Association, and a public school district in Eugene, OR.
Recognizing that “elections have consequences” and that the President is entitled to enact his agenda, the Court said it was constitutionally required to weigh in on cases about the procedure (or lack thereof) that the government follows in trying to enact its policies.
“This is one such case,” the Court said. “This Court takes no view as to whether the policies at issue here are good or bad, prudent or foolish, fair or unfair. But this Court is constitutionally required to closely scrutinize whether the government went about creating and implementing them in the manner the law requires. The government did not.”
The Court found that there were procedural violations in promulgating the letter and “likely” violations of the First Amendment. It did not decide whether it was likely in violation of the Fifth Amendment. It “stayed” the enforcement of the letter by postponing its effective date pending a final resolution in the matter. It noted that the stay did not prohibit the government’s ability to enforce Title VI of the Civil Rights law “consistent with long-standing principles,” but was “likely” to be “legally defective” where it “departs from existing law.” (American Federation of Teachers, v. Department of Education, D. MD, No. SAG-25-628, 4/24/25.)
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