On April 24, 2025, Judges Landya McCafferty and Stephanie Gallagher, sitting in the United States District Courts in New Hampshire and Maryland, respectively, issued rulings blocking the U.S. Department of Education (DOE) from enforcing its directive set out in a February 2025 “Dear Colleague Letter” (Letter) aimed at eliminating Diversity, Equity, and Inclusion (DEI) programs in federally funded preschools, k–12 schools and higher education institutions. A third federal judge, Judge Dabney Friedrich from Washington, D.C., also ruled on the issue, but only to bar enforcement of the Letter’s compliance certification requirement. The New Hampshire and Maryland actions were brought by several of the largest national teachers’ unions, their subchapters, and other national civil rights groups, while the Washington D.C. suit was initiated by parents and students represented by the NAACP Defense Fund. This pauses, at least for now, any enforcement action by the DOE against noncomplying schools and states, who otherwise faced losing federal funding if they chose not to certify compliance with the requirements of the Letter.
The Letter was issued by the DOE on February 14 to “explain [] and reiterate[] existing legal requirements under Title VI of the Civil Rights Act of 1964,” which prohibits race, color, and national origin discrimination in federally funded programs, including educational institutions. The Letter explained that under the DOE’s analysis of Title VI as interpreted by the Supreme Court’s 2023 decision on race-conscious admissions in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, all race-based discrimination is prohibited, even if aimed at diversifying a student body or workforce. The Letter characterized DEI programs as providing “preference to certain racial groups” that “teach students that certain racial groups bear unique moral burdens that others do not.” It advised schools that failure to comply with the Letter’s directive would result in loss of federal funds. On February 27, 2025, the DOE established an online portal called “End DEI” to report “divisive ideologies and indoctrination” and “illegal discriminatory practices.” The next day, the DOE issued a “Frequently Asked Questions” (FAQ) document intended to provide further guidance on implementing the Letter.
On April 3, 2025, the DOE mandated each state department of education to “certify their compliance with their antidiscrimination obligations in order to continue receiving federal financial assistance.” It directed each state to collect a certification of compliance from each public school district in its state that the district understands its obligations under Title VI and that failure to comply risks loss of federal funding and enforcement action to recoup previously distributed funds and/or damages and penalties. The deadline for certification was initially April 14, 2024, but was later extended to April 24, 2025. Some states chose to comply, while others did not.
Judge McCafferty ruled that the Letter violated due process as "unconstitutionally vague" because it failed to provide adequate notice of the conduct it prohibits by failing to define what constitutes a “DEI program” or under what circumstances such a program would violate Title VI, while imposing harsh penalties. Judge McCafferty further held that the Letter constitutes viewpoint discrimination by restricting what courses a student can take and teachers can teach in violation of the First Amendment, and that the DOE both exceeded its statutory authority and acted contrary to law by attempting to control curriculum taught in schools, something explicitly reserved for the states. Finally, Judge McCafferty held the DOE improperly engaged in rule making without affording proper public notice and comment. Although Judge McCafferty declined to issue a nationwide injunction, her injunction applies to any educational institution employing any member of the unions that brought the claim, or about 3 million teachers nationally.
Judge Gallagher’s decision was similar. Judge Gallagher also held that the Letter constituted viewpoint discrimination, failed to provide public notice and comment, and was contrary to the law. In addition, Judge Gallagher held that the Letter was arbitrary and capricious for many of the same reasons, including that the DOE failed to explain its change in Title VI interpretation. She noted that after the Students for Fair Admissions decision was published in 2023, the DOE issued guidance explaining that race neutral efforts to promote DEI were legal, contrary to the Letter. Unlike Judge McCafferty, however, Judge Gallagher’s stay on the Letter’s enforcement is nationwide.
Judge Friedrich’s decision came as an oral ruling from the bench. Judge Friedrich focused her ruling on the April 3, 2025, order for certification, holding, like Judge McCafferty and Judge Gallagher, that the Letter is unconstitutionally vague. Judge Friedrich enjoined enforcement of the certification requirement on a nationwide basis.
The DOE is expected to Appeal
The combination of these decisions halts, at least for now, DOE enforcement of the Letter and certification requirement on a nationwide basis, allowing educational institutions to maintain DEI programs without required certification or immediate threat of losing federal funding. The decisions allow schools and universities to maintain DEI initiatives related to student and employee recruitment and curriculum offerings without the immediate threat of loss of federal funding, pending further litigation. These rulings do not, however, require restoration of funding to schools and states where it has already been withdrawn for other reasons or where other enforcement action has been taken, such as in the cases of Columbia University and Harvard University (related to antisemitism on campus) or the State of Maine (related to transgender athlete participation in female sports).