Overview

• On Aug. 14, U.S. District Judge Stephanie A. Gallagher granted summary judgment to the American Federation of Teachers, the American Sociological Association, and an Oregon school district, setting aside the Education Department’s guidance and certification requirement.
• The court held the certification mandate was a binding, final agency action that skipped notice-and-comment rulemaking and failed to account for the Paperwork Reduction Act, violating the Administrative Procedure Act.
• Gallagher concluded the Dear Colleague letter regulated classroom speech by content and viewpoint in violation of the First Amendment and found the directives too vague under the Fifth Amendment.
• The decision blocks threats to withhold federal funds tied to ending what the agency labeled “race-based decision-making” in admissions, hiring, financial aid, and awards, though the department says it can still enforce existing antidiscrimination protections.
• Related litigation continues and the administration can appeal, as AFT president Randi Weingarten hailed the outcome as a “huge win,” and separate Justice Department guidance asserting DEI is unlawful remains part of the broader push.