A Maryland federal judge refused to suspend or narrow the nationwide preliminary injunction against DEI-related executive orders.

On March 3, 2025, a federal court in Maryland denied the Trump administration’s request to stay or narrow a nationwide preliminary injunction that blocks enforcement of certain aspects of executive orders aimed at ending diversity, equity, and inclusion (DEI) programs in both the public and private sector. The orders sought to terminate all federal government DEI programs and targeted illegal DEI practices in the private sector, including by requiring all federal contractors to certify that they do not promote DEI. (For more detailed information on the orders, see this blog post and Client Alert.)

The district court granted the preliminary injunction on February 21, 2025. (For more information on that action, see this blog post.) The preliminary injunction prevents the federal government from pausing or terminating “equity-related” grants and contracts, requiring federal contractors to make certifications regarding their DEI programs, or undertaking certain enforcement actions pursuant to the executive orders. However, for “separation-of-power reasons,” the preliminary injunction does not stop the federal government from conducting DEI-related investigations pursuant to the orders.

In upholding and declining to narrow the scope of the preliminary injunction, the court found that the potential harm from the executive orders outweighs the administration’s policy priorities. The court emphasized that the orders likely violate both free speech protections of the First Amendment and due process protections of the Fifth Amendment. Accordingly, the court determined that the preliminary injunction should apply broadly to effectively prevent constitutional violations.

Latham & Watkins will continue to monitor all developments related to the executive orders.