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First Amendment › Constitutional Challenges › Trump Administration

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
ArentFox Schiff

Recent Rulings Against Trump Administration Funding Freezes

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Shortly after taking office, President Trump froze funding already allocated to various parties, citing the Administration’s disapproval of issues including climate change and social equity. Additionally, executive agencies...more

WilmerHale

Guidance for Cultural Institutions Navigating the Federal Policy Landscape

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This client alert reports on recent developments in the Trump Administration and a shifting legal landscape that may affect the operations, funding, and tax-exempt status of cultural institutions such as museums, galleries,...more

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

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The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Seyfarth Shaw LLP

Federal Court Declines to Block DEI Executive Orders, Rejecting Due Process and First Amendment Arguments

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On May 2, 2025, a federal district court in Washington, DC declined to issue a preliminary injunction blocking provisions of recent Executive Orders (EO 14151, EO 14168, and EO 14173) which are focused on unlawful DEI...more

Arnall Golden Gregory LLP

The DEI Battle Continues: District Court Denies Motion to Dissolve Preliminary Injunction

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On May 1, 2025, the latest development unfolded in the ongoing battle between the Trump administration and certain trade groups challenging the validity of the president’s executive orders on diversity, equity, and inclusion...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

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On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more

Saul Ewing LLP

Harvard University Sues Trump Administration Over Federal Funding Freeze

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Harvard University has filed a lawsuit challenging the Trump Administration’s decision to freeze more than $2 billion in federal grants and contracts benefitting Harvard. The funding freeze came after Harvard refused a list...more

Franczek P.C.

Title IX and Title VI Enforcement Continues, “Dear Colleague” Pause for Some, and SCOTUS Hears LGBTQ Curriculum Challenge

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We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more

Ballard Spahr LLP

Court Permanently Blocks DOL from Enforcing DEI Certification Provisions

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In our previous post, we discussed the nationwide temporary restraining order issued by the United States District Court for the North District of Illinois that temporarily prevented the Department of Labor from requiring...more

Cozen O'Connor

Democratic AGs Support Law Firms Subject to Executive Orders

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A group of 21 Democratic AGs filed amicus briefs in two cases pending in the U.S. District Court for the District of Columbia in support of law firms challenging President Trump’s Executive Orders imposing sanctions against...more

Ballard Spahr LLP

Federal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions

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On March 27, 2025, the United States District Court for the Northern District of Illinois granted a nationwide temporary restraining order (TRO) preventing the Department of Labor (DOL) from requiring federal contractors and...more

Foley & Lardner LLP

Another Court Blocks DEI-Related Certification Requirement

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On March 27, 2025, U.S. District Judge Matthew Kennelly of the United States District Court for the Northern District of Illinois issued a temporary restraining order (TRO) prohibiting the Department of Labor (DOL) from...more

Vorys, Sater, Seymour and Pease LLP

Federal Judge Temporarily Halts DOL’s Enforcement of Portions of President Trump’s Diversity, Equity and Inclusion Executive...

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The Department of Labor (DOL) is enjoined from enforcing parts of President Trump’s Diversity, Equity, and Inclusion-related Executive Orders following a partial nationwide injunction entered against them by Judge Matthew F....more

Foley & Lardner LLP

Federal Judge Restrains Liability for Alleged False DEI Certifications

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President Trump’s January 21 Executive Order targeting Diversity, Equity, and Inclusion Programs (DEI) (the “January 21 Executive Order”) and, specifically, § 3(b)(iv)) (the Certification Provision) cannot be the basis for...more

Arnall Golden Gregory LLP

Northern District of Illinois Becomes Latest Court to Block President Trump’s DEI Executive Orders

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As we have reported, President Trump’s Executive Orders 14151 and 14173 targeting diversity, equity, and inclusion (“DEI”) programs (the “DEI Orders”) have resulted in considerable legal activity addressing the...more

Benesch

Trump’s Anti-DEI Agenda Remains at Center Stage

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Since Trump’s first day back in office, Diversity, Equity, and Inclusion (“DEI”) has been at the forefront of political discourse. As we previously reported, Trump issued several Executive Orders targeting DEI efforts and...more

Littler

Federal District Court Temporarily Enjoins DEI Certification Provision for DOL Grant Recipients

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On March 27, 2025, a judge for the Northern District of Illinois granted a temporary restraining order (TRO) against the DEI Certification and Termination Provisions authorized by President Trump’s Executive Orders 14151 and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Federal Judge Blocks DOL From Enforcing Termination, Certification Provisions in Trump DEI-Related EOs

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 27, 2025, a federal judge for the U.S. District Court for the Northern District of Illinois temporarily blocked the U.S. Department of Labor (DOL) from enforcing portions of two provisions in President Donald Trump’s...more

Vorys, Sater, Seymour and Pease LLP

Diversity, Equity and Inclusion Back on the Chopping Block after Federal Appeals Court Ruling

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On Friday, March 14, 2025, a unanimous panel of the U.S. Court of Appeals for the Fourth Circuit stayed, pending appeal, the injunction previously entered by Judge Adam Abelson of the U.S. District Court for the District of...more

DLA Piper

Federal Appeals Court Permits Enforcement of DEI Executive Orders

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The Fourth Circuit Court of Appeals has stayed the Maryland District Court’s preliminary injunction order enjoining the federal government from enforcing certain provisions of President Donald Trump’s January 20, 2025...more

Fenwick & West LLP

Appeals Court Lifts Injunction on Trump Administration’s DEI Executive Orders

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On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit lifted a lower court’s preliminary injunction blocking key provisions of President Donald Trump’s executive orders aimed at ending...more

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

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Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more

Adler Pollock & Sheehan P.C.

Guidance on DEI for Federal Contractors and Grant Recipients

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Many federal contractors and grant recipients are seeking guidance regarding Diversity, Equity and Inclusion (“DEI”) in the wake of the Fourth Circuit Court of Appeals upholding President Trump’s Executive Orders on DEI (“DEI...more

Holland & Knight LLP

DEI in Flux: Fourth Circuit's Decision Resuscitates DEI Executive Orders

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The U.S. Court of Appeals for the Fourth Circuit issued an order on March 14, 2025, lifting the nationwide injunction on President Donald Trump's executive orders (EOs) targeting diversity, equity and inclusion (DEI)...more

Pillsbury Winthrop Shaw Pittman LLP

Anti-DEI Executive Orders Are Enforceable, for Now, After Fourth Circuit Lifts Preliminary Injunction

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The U.S. Court of Appeals will expedite its review of appeal of preliminary injunction. On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the Government’s motion for a temporary stay of a district...more

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