This is a case about President Trump's executive order that prohibits racial sensitivity training in federal agencies, contractors, and grant recipients. On October 29, 2020, the National Urban League and National Fair Housing Alliance, two civil rights non-profits, filed this putative class action lawsuit in the District Court for the District of Columbia. Represented by the NAACP Legal Defense Fund, the plaintiffs sued the President, the Secretary of Labor, and the Department of Labor under the Declaratory Judgment Act (28 U.S.C. § 2201) and All Writs Act (28 U.S.C. § 1651). The plaintiffs sought an injunction, declaratory relief, and attorneys' fees. They claimed that the executive order violated freedom of speech under the First Amendment by denying benefits (e.g. government contracts and grants) to private entities that express ideas the Trump Administration doesn't like (e.g. implicit bias). The plaintiffs also argued that the executive order violated Fifth Amendment Due Process and Equal Protection rights because the order was too vague about what the standards were for prohibited conduct and enforcement. In addition, the events surrounding the executive order indicated an intent to discriminate on the basis of race, national origin, sex, and/or gender.

The case was assigned to Judge Amit P. Mehta. The case is ongoing.

Lauren Yu - 11/05/2020


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