FOR IMMEDIATE RELEASE
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BALTIMORE, MD – Attorney General Anthony G. Brown today, as part of a
coalition of 18 attorneys general, filed an amicus brief supporting a legal challenge to two of
President Trump’s executive orders targeting diversity, equity, inclusion and accessibility
initiatives.
Attorney General Brown and the coalition filed their brief in National Association of Diversity
Officers in Higher Education v. Trump before the United States Court of Appeals for the Fourth
Circuit. The plaintiffs in the case, higher education associations and the Mayor and City Council
of Baltimore, challenged vague provisions in the executive orders that direct federal agencies to
terminate “equity-related grants or contracts” and to include in contracts or grant awards a
requirement that recipients certify that they do not operate programs promoting “diversity, equity
and inclusion.” One of the orders also directed the U.S. Attorney General to encourage the
private sector to end diversity, equity and inclusion initiatives. The administration has not
defined critical terms in the executive orders, including which diversity, equity and inclusion
practices it finds objectionable.
“These unconstitutional executive orders force Maryland’s federal contractors and grantees to
make an impossible choice: abandon critical programs that promote fairness, opportunity, and
belonging, or lose millions in federal funding,” said Attorney General Brown. “By supporting
Baltimore's lawsuit, we're fighting not only for Maryland’s financial interests but also for the
fundamental principles of inclusion and opportunity that make our communities, schools, and
workplaces stronger.”
A lower court concluded that plaintiffs were likely to succeed with their case and entered a
preliminary injunction blocking the administration from enforcing the provisions of the orders
being challenged by the lawsuit. The administration sought and was granted a stay of the
injunction from the Fourth Circuit pending a decision on the merits of the appeal. Attorney
General Brown and the attorneys general are asking the court to affirm the district court’s order
and put the injunction back in place.
In their brief, the attorneys general maintain that diversity, equity, inclusion and accessibility
programs are lawful and beneficial. In fact, many such programs ensure compliance with state
and federal civil rights statutes. The attorneys general also explain how the challenged provisions
in the executive orders harm the states, as well as their residents and businesses, by denying them
the many valuable benefits associated with workplaces, schools and communities that have
adopted practices related to diversity, equity, inclusion and accessibility.
Attorney General Brown was joined in filing the brief by the attorneys general of California,
Colorado, Connecticut, Delaware, Hawai‛i, Illinois, Maine, Massachusetts, Michigan,
Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
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