The federal District Court in New Hampshire (Landya B. McCaffrey) has granted a preliminary injunction against the U.S. Department of Education in its efforts to curb diversity, equity and inclusion in education. The Department issued a “Dear Colleague” letter on February 14, 2025 and several follow-up communications. The Department said it “will vigorously enforce” its view that schools have engaged in “pervasive and repugnant race-based preferences” and “other forms of racial discrimination” by “toxically indoctrinat[ing] students with the false premise that the United States is built upon ‘systemic and structural racism’” under the banner of diversity, equity and inclusion.
The case was brought by the National Education Association, the nation’s largest education union representing approximately three million members, its state affiliate, and the Center for Black Educator Development.
The Court found that the plaintiffs had standing to bring the case, and were likely to succeed on claims that (1) the 2025 Letter was a violation of due process on a void for vagueness challenge, (2) the letter and its enforcement would violate the plaintiffs’ First Amendment rights, (3) the agency action in in excess of the Department’s rights under the Administrative Procedures Act, and (4) the letter is “not in accordance with law” The Court did not issue a nation-wide injunction against any enforcement of the letter and limited the injunction to enforcement at institutions that receive federal funding and employ the plaintiff organizations or their members. (National Education Association v. U.S. Department of Education, D. NH, No. 25-cv-091, 4/24/25.)
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