Overview

• U.S. District Judge Stephanie A. Gallagher issued a final order on August 14 enjoining two Education Department memos that threatened schools and universities with funding cuts for diversity, equity and inclusion programs.
• Gallagher found that the department bypassed required rulemaking under the Administrative Procedure Act by imposing new legal obligations without following proper procedures.
• The decision rests solely on procedural grounds and expressly leaves the merits of DEI policies unresolved.
• The American Federation of Teachers, the American Sociological Association and other plaintiffs filed suit in February to challenge the memos’ legal standing.
• The Education Department said it remains committed to enforcing Title VI protections, signaled plans to appeal and joins other recent court defeats for the administration.