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Fourth Circuit’s Narrow Ruling on Anti-DEI Executive Orders Leaves Employers With Broad Questions
On February 6, 2026, the U.S. Court of Appeals for the Fourth Circuit issued a narrow ruling in National Association of Diversity Officers in Higher Education v. Trump, vacating a preliminary injunction that had blocked enforcement of Executive Order 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The decision leaves employers with ongoing and significant uncertainty about what distinguishes lawful diversity, equity, and inclusion (DEI) programming from activities the administration may target for enforcement as “unlawful DEI.”
