Overview:
Federal judges in Maryland and New Hampshire blocked Republican President Donald Trump’s administration from following through on threats to cut off funding.
Two federal judges, on Thursday, from both New Hampshire and Maryland blocked Trump administration directives that threatened to cut federal funding from public schools implementing diversity, equity, and inclusion (DEI) programs.
US District Judge Landya McCafferty from New Hampshire sharply criticized and partially blocked a Trump administration policy that threatened to cut federal funding from schools engaging in diversity, equity, and inclusion (DEI) efforts or considering race in student life.
In her scathing opinion, McCafferty called the Department of Education’s 2025 policy letter “textbook viewpoint discrimination” and likely a violation of First Amendment protections. She also found the policy to be unconstitutionally vague and improperly implemented, siding with the National Education Association (NEA), which had brought the lawsuit.
The policy stemmed from a February 14 “Dear Colleague” letter from the Education Department, which warned federally funded schools to comply with civil rights laws. The letter criticized schools for allegedly using “race-based preferences” and promoting DEI practices it described as “toxic indoctrination,” and warned that noncompliance could lead to federal action.
“The court agreed that this vague and clearly unconstitutional requirement is a grave attack on students, our profession, honest history, and knowledge itself. It would hamper efforts to extend access to education, and dash the promise of equal opportunity for all, a central tenet of the United States since its founding,” said AFT President Randi Weingarten.
McCafferty’s preliminary injunction prevents the policy from being enforced against any school that employs NEA members and receives federal funds. However, she declined to issue a nationwide block.
The judge warned that the DEI ban forces teachers into a “Hobson’s Choice”: either avoid DEI-related teaching to comply or risk penalties and loss of credentials.
In a separate but related case, a second federal judge on Thursday delayed parts of the Education Department’s anti-DEI guidance in a lawsuit filed by the American Federation of Teachers in Maryland.
States had until the end of Thursday to certify their schools’ compliance with the federal directive, but several have signaled they won’t comply. Education leaders in some Democratic-led states argue the administration is exceeding its authority and maintain that DEI programs are not unlawful.
This decision follows a pause on enforcement and comes as other courts weigh similar challenges. The policy had already led to funding freezes at schools like Harvard and Columbia, where the administration demanded rollbacks of DEI programs.
The Trump administration is expected to appeal this decision.
