On March 27, 2025, Judge Matthew Kennelly in the Northern District of Illinois granted a temporary restraining order blocking implementation of the Certification Provision of the Administration’s recent DEI-related executive orders on First Amendment grounds.
The Certification Provision would require federal grant recipients and contractors to certify that they are not engaging in unlawful DEI programs or practices in order to receive federal funding or contracts.
As the court stated: “. . . the fact that the Certification Provision reaches speech beyond the federally-funded program supports a broad injunction. Every grant recipient is expected to certify that it does not engage in any programs involving ‘illegal DEI’ (not just federally funded programs) without knowing what programs fall under that umbrella. Rather than spend their resources to challenge their patron in court or risk False Claims Act litigation, it is likely that many of these grantees will take the safer route and choose to simply stop speaking on anything remotely related to what the government might consider to promote DEI or equity. A nationwide restraining order is appropriate to protect grantees who cannot afford the risks inherent in biting the hand that feeds them.”
The full decision is available here: Chicago Women in Trades v. Trump et al, No. 1:2025cv02005 – Document 52 (N.D. Ill. 2025) :: Justia
The preliminary injunction motion is set for an in-person hearing on April 10, 2025. Stay Tuned.