Judge Withdraws from Lawsuit by Teachers’ Union Challenging DEI Ban
The U.S. Department of Education mandated that educational institutions must comply by the end of the previous month to avoid jeopardizing their federal funding.
A federal judge has stepped aside from a lawsuit contesting the Trump administration’s recent directives that require schools and universities to terminate their diversity, equity, and inclusion (DEI) initiatives.
Among the institutions where Laplante teaches is the University of New Hampshire School of Law, which shares ties with the National Education Association (NEA), the largest teachers’ union in the U.S. and a principal plaintiff in the case.
“Given that the judge’s role as an advanced instructor could be influenced by or could influence the subject of this case, reasonable participants and others may justifiably question the judge’s impartiality,” he stated.
The lawsuit, filed on March 5 by the NEA’s New Hampshire chapter, its national division, and the American Civil Liberties Union (ACLU), contends that the U.S. Department of Education’s new instructions regarding DEI programs are “constitutionally ambiguous.”
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The letter cautions educational institutions against engaging in any form of “covert racial discrimination” or “race-based decision-making” associated with DEI, deeming such practices illegal. Institutions are advised not to utilize third-party contractors to bypass these mandates. Schools were given a deadline of February 28 to adhere to these requirements or face the possibility of federal funding loss.
This enforcement initiative is, in part, founded on the department’s interpretation of a U.S. Supreme Court ruling from 2023 that deemed “race-conscious” college admissions unconstitutional. The department asserts that this ruling should broadly apply, forbidding schools and colleges from treating students differently based on race while striving for DEI objectives.
“The law is unequivocal: differentiating students based on race to achieve ambiguous goals like diversity, racial balanced, social justice, or equity is contrary to established Supreme Court precedent,” the letter asserts.
The NEA and ACLU have petitioned the court to halt the directive, which they argue could hinder free speech in educational environments.
The lawsuit identifies three anonymous educators from New Hampshire—a high school English instructor, an eighth-grade social studies educator, and a middle school guidance counselor—all members of the union who claim to be impacted by the newly implemented anti-DEI policy.
Likewise, the social studies educator fears that discussions about U.S. history might breach the guidance’s prohibitions on addressing “systemic and structural racism” or “discriminatory policies and practices.”
The Epoch Times has contacted the Education Department for their comments.
