Court Refuses to Block Executive Order Barring ‘Racially Discriminatory DEI Activities’ by Federal Contractors

Source: NLR

On October 14, 2026, the U.S. District Court for the District of Maryland declined to preliminarily enjoin President Donald Trump’s executive order requiring federal contractors to agree not to engage in “racially discriminatory” diversity, equity, and inclusion (DEI) activities, or to stay related Federal Acquisition Regulatory (FAR) Council guidance.

Quick Hits

• On October 14, 2026, the U.S. District Court for the District of Maryland denied a preliminary injunction sought by five organizations whose members include government contractors, leaving Executive Order (EO) 14398 in effect while the case proceeds.
• The court found the groups were unlikely to succeed on their First Amendment and Fifth Amendment claims because the EO defines the prohibited activities as “disparate treatment based on race or ethnicity,” which is intentional discrimination that federal law already prohibits.
• The court read the EO narrowly, applying only to work performed under covered contracts, and noted that enforcement against lawful DEI-related speech or programs could be challenged as applied.

Judge Adam B. Abelson issued the ruling in National Association of Diversity Officers in Higher Education v. Trump. Three of the plaintiff organizations represent higher education employees; the other two are trade associations of construction contractors. They sought to block executive order (EO) 14398, titled “Addressing DEI Discrimination by Federal Contractors,” and an April 17, 2026, FAR Council memorandum implementing it.

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