The end of DEI initiatives in the federal government is not popular with those who supported these policies. “With these actions,” the American Civil Liberties Union intones, “the [Trump} administration is not only undoing decades of federal anti-discrimination policy, spanning Democratic and Republican presidential administrations alike, but also marshalling federal enforcement agencies to bully both private and government entities into abandoning legal efforts to promote equity and remedy systemic discrimination. Trump’s executive orders undermine obligations dating back to the Johnson administration that firms doing business with the U.S. government and receiving billions in public dollars are held to the highest standards in remedying and preventing bias.”
Of course, no such bullying of private entities was ever necessary – the marketplace dictates corporate policy far more effectively than the government ever could. According to NPR, “President Trump is ending diversity, equity and inclusion in the federal government. But big companies have already been rolling back their DEI promises, for business as well as political reasons…Walmart recently said it won’t renew the funding for the racial equity center it launched in 2020. It joins McDonald’s, Amazon, Facebook, and many others who are ending some diversity programs. A Walmart spokesperson tells NPR that the company is working to make all employees successful. The other companies have said similar things…[b]ack in 2020, it was trendy for big companies to pledge to help workers and help the planet while still making more money. But they couldn’t always follow through…[i]t is always going to be difficult if you are a for-profit publicly traded company to have your leader talk about anything other than maximizing profits…”
But whether or not it was profitable for a corporation to follow DEI policies is a separate issue from whether or not the federal government may legally pursue such a course of action. Again quoting from our book, Not Wasting a Crisis; “[under] the 14th Amendment to the United States Constitution…the Federal government has the same obligation to provide ‘equal’ – not ‘equitable’ – protection to all as do the States…[d]espite centuries of American jurisprudence ‘prohibiting governmental denial of equal protection,’ and insuring equality before the law for all persons, regardless of race, gender or religion, Joe Biden and his minions continue[d] to ignore the U.S. Constitution and deny equal protection to many people on the very basis of race, gender and religion…governmental [agencies were] tasked with forcing federal agencies to adopt equity principles [in an effort] to determine who [would] receive the advantages of Equity – and who [would] not.”
Clearly, this was a blatantly unconstitutional path for the United States government to follow. But thanks to the election of a President who has both a respect for the rule of law and a proper reading of the US Constitution, these illegal DEI policies have been halted.
But have they? Has the snake’s head been cut off – or is that snake actually a hydra?
According to USA Today, “[t]he acting secretary for the Department of Veterans Affairs demanded that his staff report efforts to disguise diversity, equity and inclusion programs targeted for termination by the Trump administration, according to an email obtained by USA TODAY. Acting Veterans Affairs secretary Todd Hunter’s email told his employees that he was ‘aware of efforts by some in government to disguise these programs by using coded or imprecise language’…[e]mails with nearly identical language were sent to employees at other agencies, including the Social Security Administration, according to versions USA TODAY has reviewed.”
This effort to uproot attempts to disguise DEI programs is not mere paranoia. As revealed by The Daily Mail, “[t]he Bureau of Alcohol, Tobacco, Firearms and Explosives appeared to try and avoid Donald Trump’s anti-DEI executive order by switching the job title of its Chief Diversity Officer…Trump’s administration ordered federal agencies to place all Diversity, Equity and Inclusion (DEI) hires on paid leave pending review and warned authorities not to use ‘coded or imprecise language’ to circumvent the move. But within a day of the order being announced, eagle-eyed online sleuths noticed the ATF’s Chief Diversity Officer Lisa T. Boykin had a new job title, appearing to have been updated to ‘Senior Executive.'”
Meanwhile, “[i]n November, the organization Judicial Watch sued the Department of Defense in a case related to West Point’s changing the name of its Diversity, Equity, and Inclusion office to the ‘Office of Engagement and Retention.’ Judicial Watch president Tom Fitton said at the time that ‘[i]t seems games are afoot at West Point to disguise its radical DEI agenda.'” However, as reported by Campus Reform, in January of 2025 “[t]he United States Military Academy at West Point…appears to have ended its ‘Diversity and Inclusion Studies’ minor…side-by-side pictures of the West Point website [show] that the DEI minor is no longer present on the academy’s ‘Majors and Minors’ page.”
There is probably no more difficult a task than to halt, let alone reverse, the existence of a bureaucracy. Once in place, an initiative such as DEI will be perpetuated by its supporters and adherents. “[O]ne organizational feature that has proved uncommonly resistant to evolutionary pressures is bureaucracy,” writes Todd Jick, Senior Lecturer at the Columbia Business School. “Notwithstanding the many changes today’s organizations face in their competitive env ironment, it seems bureaucracy is binding – and organizations tend to stick to it, for better or worse.” This is especially true when those bureaucrats are ideologues, convinced of the absolute righteousness of their positions.
Predictably, some members of the DEI establishment have begun to fight back. Time reports that “[a] slew of nonprofit organizations filed a lawsuit against the Trump Administration on Wednesday in response to its Executive Orders targeting Diversity, Equity, and Inclusion (DEI) programs. The case was filed by the Legal Defense Fund (LDF) and Lambda Legal on behalf of the National Urban League, the National Fair Housing Alliance, and the AIDS Foundation of Chicago. The lawsuit…alleges that the Trump Administration is infringing on the organizations’ right to free speech and due process by forcing said organizations to adopt the Trump Administration’s view regarding DEI…plaintiffs argue that the federal funding they rely on to engage with underserved communities and provide social and health services has been compromised.”
Of course, this lawsuit by a group of NGOs completely ignores the fact that government funding of any initiative is at the discretion of the government, and that the acceptance of federal money entails the acceptance of federal rules. Ultimately, such a lawsuit is doomed to failure – if not in the lower courts, then ultimately, upon appellate review.
One federal judge has issued an injunction against the firing of 11 CIA officers who were involved in DEI programs at the Agency. However, the officers did not seek to halt the dismantling of the program, or invalidate the President’s Executive Order. Instead, according to Fox News, “[f]ormer CIA officer Kevin Carroll, a lawyer representing the CIA employees [noted] that the 11 officers were on temporary assignments relating to DEI initiatives and that none of them had received poor performance reviews…’These people are being fired just because of an assumption that’s been made that they are leftists,’ Carroll said in a statement.”
In other words, don’t fire us – we had no choice but to do the job we were assigned. This is a position that may ultimately prove successful, but will need to be established on a case by case basis.
There will, of course, be more lawsuits, injunctions and other developments before DEI is eradicated from the federal government. But we believe the Trump Administration is off to a good start, and is on firm legal footing in removing an illegal and unconstitutional initiative from practice and enforcement by the United States government.
Judge John Wilson (ret.) served on the bench in NYC
Illustration: Pixabay