Lawyers for Good Government (L4GG) applauds the recent decision by U.S. District Judge Adam Abelson, who on February 21 issued a preliminary injunction blocking key provisions of President Trump's executive orders seeking to eliminate diversity, equity, and inclusion (DEI) programs in the federal government and among federal contractors.
The ruling represents a crucial defense of constitutional rights as the court found that the executive orders likely violate free speech, due process, and government accountability, and are unconstitutionally vague, leaving federal contractors and grant recipients with "no reasonable way to know" how to comply. It is a critical step in stopping these unlawful attacks, but the damage has already begun—organizations have been forced to halt critical programs, putting jobs, funding, and essential services at risk.
"This ruling affirms what we've been telling recipients of federal funding since day one: these executive orders overreach presidential authority and threaten fundamental constitutional rights," said Khadijah Silver, Supervising Attorney for Civil Rights at L4GG. "Federal grantees can now continue their vital work without the immediate threat of arbitrary termination based on undefined 'equity-related' criteria."
The court specifically blocked provisions requiring federal agencies to terminate "equity-related" grants, mandating federal contractors to certify they don't operate "unlawful DEI programs," and directing the Attorney General to enforce civil rights laws against DEI programs in the private sector.
L4GG continues to work with grantees whose funding has been frozen or terminated under these unconstitutional orders to ensure their rights are upheld. The provisions in these grant agreements typically prevent termination unless there’s evidence of substantial noncompliance, waste, fraud, or abuse. Any termination or freeze on these grants without proper legal basis is not just a breach of contract—it is a clear violation of the court’s order.
"Many environmental and climate organizations have been caught in the crossfire, with their grants being abruptly terminated or threatened based on vague references to environmental justice concerns," noted Jillian Blanchard, Vice President of Climate Change and Environmental Justice at L4GG. "Judge Abelson ruled that terminating or freezing grants based on DEI policy grounds is likely unconstitutional, and we are prepared to advise grantees on pursuing all legal and administrative remedies available to them."
Ryan Hathaway, Director of Climate and Environmental Justice at L4GG and former Director of Environmental Justice in the Biden administration, added: "We're seeing grantees across the country receiving inconsistent messages from federal agencies about their funding status. This ruling should provide clarity that grants cannot be terminated simply for including DEI or environmental justice components while this litigation proceeds."
L4GG has developed resources to help federal grantees respond effectively to termination notices, including template communications to program officers that reference the court's injunction.
Organizations receiving federal funding that have questions or concerns about their grant status under these executive orders are encouraged to contact L4GG for guidance through their intake form at L4GG.org/FundProtection.