The Trump administration has formally abandoned its appeal of a federal court ruling that struck down the U.S. Department of Education’s (ED) controversial February 2025 Dear Colleague Letter, bringing a decisive end to a legal fight over the federal government’s attempt to curb DEI (diversity, equity, and inclusion) efforts in education.
The withdrawal finalizes a 2025 decision by the U.S. District Court for the District of Maryland, which invalidated both the Dear Colleague Letter and a related certification requirement that threatened schools with the loss of federal funding and potential criminal penalties. The case, American Federation of Teachers et al. v. U.S. Department of Education et al., was brought by a coalition of educator organizations and a public school district and litigated by Democracy Forward.
The challenged guidance, issued by the ED’s Office for Civil Rights on February 14, 2025, warned that federal funds could be withheld from schools that taught curricula referencing race or history, operated DEI programs, or pursued policies intended to foster inclusive learning environments. The department later required states and school districts to certify compliance with the administration’s interpretation of civil rights law as a condition of continued funding.
In its ruling, the court found that the administration’s actions violated both statutory and constitutional limits on federal authority. Judge Stephanie A. Gallagher wrote that, “Plaintiffs have shown that neither challenged agency action was promulgated in accordance with the procedural requirements of the APA, and that both actions run afoul of important constitutional rights.” The court vacated the letter and certification nationwide, barring their enforcement against any school.
By withdrawing its appeal, the Department of Education allows those conclusions to stand.
Democracy Forward President and CEO Skye Perryman characterized the development as part of a broader pattern of legal setbacks for the administration. “Today’s dismissal confirms what the data shows: government attorneys are having an increasingly difficult time defending the lawlessness of the president and his cabinet,” Perryman said. “And, when people show up and resist, they win. This is a welcome relief and a meaningful win for public education.”
According to Democracy Forward, hundreds of lawsuits have been filed since January 2025 challenging Trump administration policies, with courts ruling against the government in an estimated 70 to 80 percent of cases.
Higher education leaders also pointed to the implications of the decision beyond K–12 education. In a statement following the withdrawal, the National Association of Diversity Officers in Higher Education (NADOHE) said the ruling reinforces that “lawful efforts to advance diversity, equity, inclusion and belonging remain central to the mission of higher education” and affirms that the federal government cannot use funding threats to regulate classroom or campus speech.
The court’s decision, NADOHE noted, held that the Dear Colleague Letter violated the Administrative Procedure Act, the First Amendment, and was unconstitutionally vague—conclusions that remain intact now that the appeal has been dropped.
While the withdrawal marks a significant setback for the administration’s anti-DEI agenda, NADOHE cautioned that it does not end federal efforts to challenge diversity initiatives in education. The organization emphasized that other measures, including actions by the Department of Justice and pending litigation over executive orders targeting DEI, remain unresolved.
For now, the end of the appeal closes one of the most consequential legal challenges to the administration’s attempt to reinterpret civil rights law and impose sweeping restrictions on educational content and student support programs—an effort the court ultimately found to be unlawful.
