Sneak Preview: Courts Issue Preliminary Injunctions Against ED
(The following was excerpted from a recent Thompson Grants Compliance Expert article.) Associations that include members receiving federal financial assistance recently were victorious in receiving preliminary injunctions in court to temporarily halt the Department of Education (ED) from enforcing actions to restrict discussions and programs on diversity, equity and inclusion (DEI) in educational institutions, and the agency’s threat to withhold federal funding for engaging in such efforts.
The main issue at the heart of the lawsuits was ED’s February issuance of a Dear Colleague letter seeking to reaffirm the nondiscrimination obligations of schools and universities that receive ED financial assistance, calling for educational institutions to stop using racial preferences and stereotypes as factors in their admissions, hirings, promotions, scholarships and other activities (see “ED Letter Affirms Stance on Racial Preferences,” April 2025). Although ED stated that the letter is agency policy and does not have the effect of federal law, it notes that educational institutions that fail to comply may, consistent with applicable law, face investigation and potential loss of federal funding.
While ED contended that the letter alluded to existing legal requirements under Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the U.S. Constitution and other relevant authorities whereby “students should be assessed according to merit, accomplishment and character — not prejudged by the color of their skin,” opponents argued that the letter extends well beyond existing law to denounce policies designed to enhance DEI.
In one ruling, National Education Association (NEA), et al. v. U.S. Department of Education, et al,, issued on April 24, the U.S. District Court in New Hampshire sided with three organizations — NEA, its New Hampshire affiliate (NEA-NH) and the Center for Black Educator Development (CBED) — that alleged that ED overstepped its authority by imposing unfounded and vague legal restrictions that violate due process and the First Amendment; limited academic freedom and restricted educators’ ability to teach and students’ right to learn; and unlawfully dictated curriculum and educational programs, exceeding its legal mandate.
(The full version of this story has now been made available to all for a limited time here.)
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