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Education Department Drops Appeal, Leaving Court Block on Anti-DEI Push Intact

Many campuses have already scaled back DEI programs, with separate investigations still active.

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FILE - Education Secretary Linda McMahon speaks with reporters in the James Brady Press Briefing Room at the White House, Thursday, Nov. 20, 2025, in Washington. (AP Photo/Alex Brandon, File)
Secretary of Education Linda McMahon during a White House press briefing on Nov. 20, 2025 in Washington, D.C.
(123rf.com)

Overview

  • On Jan. 21, the Education Department moved to dismiss its Fourth Circuit appeal, ending its bid to reinstate the anti-DEI enforcement effort.
  • The decision keeps in place U.S. District Judge Stephanie Gallagher’s August ruling finding First Amendment and procedural violations and blocking the guidance and funding certification.
  • The now-blocked directives warned schools they could lose federal money for using race in admissions, hiring, scholarships and other aspects of campus life, and sought K‑12 certifications of compliance.
  • Unions and advocacy groups led the legal challenges, including the American Federation of Teachers represented by Democracy Forward, while related suits by the NEA, NAACP and 19 states continue under injunctions and upcoming hearings.
  • Despite the ruling, colleges and districts have cut or rebranded DEI programs and language, some states refused certifications, and the department offered no reason for dropping the appeal as DOJ and ED civil-rights investigations proceed.