Fourth Circuit Allows DEI-Related Executive Orders To Proceed

On February 6, 2026, in National Association of Diversity Officers in Higher Education v. Trump, the U.S. Court of Appeals for the Fourth Circuit vacated a nationwide preliminary injunction that had temporarily blocked key provisions of two Executive Orders issued by President Trump aimed at addressing what it characterized as "illegal" diversity, equity, and inclusion ("DEI") programs implemented by federal grantees and contractors. The three-judge panel remanded the case to the District of Maryland for further proceedings, concluding that the plaintiffs had not met the demanding standard required for facial invalidation at the preliminary injunction stage.

While the decision does not result in any immediate changes, as the lower court's injunction had already been stayed, it does suggest that President Trump's Executive Orders will survive judicial scrutiny with respect to facial challenges. As such, employers – particularly government contractors and grantees –