Overview

• U.S. District Judge Stephanie Gallagher issued a final ruling on August 14 permanently blocking two Education Department memos that threatened to cut federal funding for universities and K–12 schools over diversity, equity and inclusion programs.
• The February “Dear Colleague” letter and K–12 certification requirement directed schools to end all “race-based decision-making” or risk losing federal grants.
• She found that both memos violated the APA’s required notice-and-comment processes without reaching the merits of the policies themselves.
• Plaintiffs including the American Federation of Teachers, AFT-Maryland and the American Sociological Association joined advocacy groups such as Democracy Forward in praising the judgment as a victory for educators and civil rights.
• The administration may appeal, and separate litigation continues nationally, including a recent ruling by Judge Dabney Friedrich against the administration’s withholding of National Endowment for Democracy funding.