Key facts
- Attorneys general from 19 states and the District of Columbia are suing to block a Trump administration executive order.
- The executive order targets diversity, equity, and inclusion (DEI) efforts in federal contracts.
- The lawsuit alleges the order was implemented without a required public comment period.
- Plaintiffs argue the rules are too vague to be enforced and create compliance burdens.
- The suit seeks to have the executive order declared unlawful and to prevent its implementation.
Attorneys general representing 19 states and the District of Columbia have filed a lawsuit seeking to block a recent executive order from the Trump administration that targets diversity, equity, and inclusion (DEI) initiatives within federal contracts. The legal challenge argues that the order, issued on March 26 and titled 'Addressing DEI Discrimination by Federal Contractors,' was implemented without the necessary public comment period and that its provisions are too vague to be effectively enforced.
The lawsuit contends that the executive order, which mandates that contractors refrain from 'racially discriminatory DEI activities,' imposes significant compliance burdens and confusion on businesses. The attorneys general assert that federal agencies have failed to adequately explain the meaning or requirements of these new contract terms, potentially disrupting contractors' efforts to prevent and remedy discrimination.
The complaint, filed in the Maryland District Court, names the United States, 20 cabinet members and agency heads, 20 agencies, and the Federal Acquisition Regulation Council as defendants. The states are requesting that the court declare the executive order unlawful and issue injunctions to prevent its implementation.
The White House defended the order, with Assistant Press Secretary Olivia Wales stating that DEI discrimination is wrong and illegal, imposing costs on taxpayers. The administration maintains that it has made progress in ending racial discrimination and that some companies continue to engage in DEI activities.
Legal analysis from the firm Holland & Knight suggests that the revised regulations, incorporated into the GSA's rulebook, could lead to serious consequences for contractors, including contract termination or exclusion from future government opportunities. The states involved in the suit include California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Washington, Wisconsin, Virginia, and Vermont.