A federal judge has dealt a major blow to the Trump administration’s push to penalize schools for implementing diversity, equity, and inclusion (DEI) initiatives. The court ruled that the administration’s approach likely violates constitutional protections and cannot be enforced—at least for now—against many public schools.
Judge Landya McCafferty, a federal judge in New Hampshire, ruled that the Department of Education’s policy, introduced earlier this year via a letter to educators, likely constitutes “viewpoint discrimination” and breaches the First Amendment’s free speech guarantees. The policy threatened to cut federal funding from schools that support DEI efforts or that consider race in other areas of student life.
In her strongly worded opinion, McCafferty said the policy puts educators in an impossible position: comply with federal demands and abandon DEI principles, or risk losing funding and their professional standing. “The Constitution requires more,” she wrote.
The judge, appointed by President Barack Obama, also found that the policy was likely too vague to be legally enforced and that federal officials did not follow proper legal procedures when rolling it out.
Although McCafferty stopped short of issuing a nationwide freeze, she granted a preliminary injunction that blocks the federal government from enforcing the policy on any school employing members of the National Education Association (NEA) that receives federal funding. The NEA and its New Hampshire affiliate brought the lawsuit, arguing the administration’s actions undermine academic freedom and were unconstitutionally broad.
This decision follows a temporary pause that had delayed the policy’s enforcement while the case was under review. The administration had planned to begin requiring schools to certify compliance with the new guidelines, including handing over specific records, once the pause expired on Thursday.
Other legal battles over the policy are also playing out, including a high-profile case in Washington, D.C., where arguments are set to be heard this week.
The dispute stems from a directive issued in February—often called a “Dear Colleague” letter—that targeted all levels of education, from preschool to college, warning institutions that embracing DEI initiatives or considering race in programs could jeopardize their federal funding.
The ruling adds to a growing backlash against the administration’s broader campaign against DEI efforts. Since returning to office, Trump has directed his administration to dismantle DEI programs in schools and universities. This has included freezing funding, revoking student visas, and pressuring institutions to abandon DEI-related policies.
In one notable case, Harvard University had over $2 billion in grants frozen after resisting demands to eliminate its DEI programs, prompting the university to sue the federal government. Columbia University also faced pressure, ultimately making changes to appease federal officials.
As the legal fight continues, McCafferty’s ruling marks a significant setback for the administration’s DEI agenda—and a temporary win for educators and institutions defending academic independence and inclusive education.
