Judge Blocks Biden’s DEI Overreach, Upholds Constitution

A federal judge in Maryland has delivered a powerful and much-needed ruling that reaffirms the Constitution and protects the rights of our educators. U.S. District Judge Stephanie Gallagher, appointed by President Donald Trump, struck down two misguided attempts by the Department of Education to punish schools that do not fall in line with the administration’s war on diversity, equity, and inclusion—commonly known as DEI.

Let us be clear: this ruling is not an endorsement of DEI. Rather, it is a defense of the lawful and proper way our government must operate under the Constitution. Judge Gallagher rightly acknowledged that while the federal government may have its own opinions, it cannot force those opinions on others by threatening to take away funding. That is not how our republic is meant to function. The rule of law must prevail over political bullying.

Just this past February and April, the Department of Education issued memos warning schools and universities that if they continued to use race-based policies—for admissions, hiring, or scholarships—they could lose all federal funding. The message was loud and clear: abandon DEI programs or face punishment. Schools were told to certify they were not engaging in “illegal DEI practices,” or risk being prosecuted under the False Claims Act.

This kind of coercion has no place in a free society. It chills free speech, creates fear among educators, and undermines trust in our institutions. Millions of teachers, administrators, and professors suddenly found themselves wondering if simply mentioning race or promoting inclusion in the classroom might bring down the wrath of Washington.

Judge Gallagher saw this for what it was—a sweeping and unlawful shift in how the Department of Education operates. As she wrote in her decision, the government did not simply remind schools that discrimination is illegal. Instead, it created a whole new way to monitor and punish schools, without the approval of Congress and without regard for the Constitution.

This is not how the Founders intended our government to work. The Constitution protects not only free speech but also the separation of powers. That means no part of the government, not even the Department of Education, can make up its own rules and enforce them with threats. Congress writes the laws. The courts interpret them. The executive branch, including the Department of Education, is supposed to carry them out faithfully—not twist them to fit a political agenda.

This ruling is also a reminder of why judicial appointments matter. President Trump understood the importance of appointing judges who respect the Constitution, the law, and the rights of the people. His appointments continue to protect the American people from overreach and abuse, even when it comes from within our own government.

Of course, the Department of Education expressed disappointment in the ruling. But that disappointment is not with the law—it is with the fact that they were told “no.” They are still vowing to enforce civil rights protections “at an unprecedented level,” which raises new concerns about how far they may go to pursue their ideological goals.

The truth is, DEI programs are not inherently illegal. They are part of a larger national conversation about fairness, opportunity, and how we treat one another. But that conversation must happen freely, not under the threat of losing funding or being accused of breaking the law.

We are a nation built on liberty, order, and the rule of law. When the government tries to sidestep those principles, it is up to the courts—and the people—to push back. Judge Gallagher did just that. She reminded us that even in uncertain times, our Constitution still stands strong.

Let this ruling serve as a wake-up call. We must continue to elect leaders and support judges who protect our freedoms. And we must never allow any part of our government to rule by fear, especially not in our schools. Our children deserve better. Our educators deserve better. And America deserves better.