Executive Orders and Legal Challenges: Where Does It All Stand?
With over 80 Executive Orders signed by President Trump just shy of his two-month mark in office, it can be hard to keep track of the ongoing legal challenges surrounding them. Below is an update on some key Executive Orders and their current status in the courts.
Federal Funding Freeze
Seven of President Trump’s Executive Orders called for pausing the distribution of federal funds in some capacity. This prompted a memo from the White House Office of Management and Budget (OMB) freezing all federal funds so the administration could assess which programs didn’t align with their agenda and should therefore be terminated. A particularly significant order for transportation funding is EO 14154 titled “Unleashing American Energy,” which paused funding from the Infrastructure Investment and Jobs Act (IIJA/BIL), a major source of transportation funding.
Two lawsuits emerged against the OMB memo; one to Federal Judge Loren AliKhan on behalf of groups representing non-profits and small businesses and a second brought to Federal Judge John McConnell by a group of state Attorneys General. On February 25, Judge AliKhan issued a preliminary injunction, halting the funding freeze until a final ruling. Similarly, on March 6, Judge McConnell issued an injunction, blocking the Trump administration’s attempt at a funding freeze. Both cases are awaiting a final ruling.
Diversity, Equity, and Inclusion (DEI)
While several Executive Orders mention DEI, two in particular* that reference “illegal DEI” have faced legal challenges. These orders call for (1) the termination of “equity-related grants or contracts”, (2) certification from federal funding recipients that do not “operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws,” and (3) the creation of an enforcement plan by agency heads to “deter DEI programs or principles … that constitute illegal discrimination or preferences”.
On March 14, the United States Court of Appeals temporarily suspended a lower court's preliminary injunction, effectively allowing the Trump Administration to enforce their Executive Orders directing federal agencies to end DEI grants and contracts until further notice. Importantly, the court did not decide the legality of the EOs, but rather lifted the temporary block on their enforcement. The court has allowed the appeal to move forward on an expedited schedule. This is not a final ruling.
*EO 14151 - Ending Radical and Wasteful Government DEI Programs and Preferencing, EO 14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity
Updated March 20