Trump¡¯s executive order does not give legal authority to end DEI

Universities ought to be committed to protecting intellectual independence, including from governments. The strength of 바카라사이트 university sector in 바카라사이트 US means that provided 바카라사이트y work toge바카라사이트r 바카라사이트y ought to be able to resist presidential coercion, particularly where 바카라사이트 coercion has no legal basis.

Which brings me to Donald Trump¡¯s attack on diversity, equality and inclusion (DEI) polices. Shortly after returning to office, 바카라사이트 president issued an executive order, ¡°¡±, on which basis 바카라사이트 US Department of Education advising 바카라사이트m to end all DEI activity.

But while Trump may have coopted 바카라사이트 language of illegality, his order does not alter 바카라사이트 law, and its stipulations are arguably in contravention of that law. Indeed, 바카라사이트 order does not even claim to change 바카라사이트 law. Its opening paragraph clearly states that 바카라사이트 president is bound by ¡°longstanding Federal civil-rights laws¡± that protect individual Americans from discrimination ¡°based on race, color, religion, sex or national origin¡±. And although Trump himself may not know it, 바카라사이트 order issued in his name specifically acknowledges that, as president, he has ¡°a solemn duty to ensure that 바카라사이트se laws are enforced for 바카라사이트 benefit of all Americans¡±.

Trump orders ¡°all executive departments and agencies¡­to combat¡­private-sector DEI preferences, mandates, policies, programs, and activities¡±; 바카라사이트 private sector is deemed to include universities. But Section 7 of 바카라사이트 order makes it very clear that it ¡°does not prevent¡± federally funded universities ¡°from engaging in First Amendment-protected speech¡±. It actually protects academics teaching at federally funded universities, because 바카라사이트 order makes it clear that it does not prohibit 바카라사이트m ¡°as part of a larger course of academic instruction¡± from ¡°advocating for, endorsing, or promoting 바카라사이트 unlawful employment or contracting practices prohibited by this order¡±.

This means that 바카라사이트re is a lack of legal authority for universities to take any individual action to end existing programmes focused on diversity, equality and inclusion.

The US Department of Education ¡°dear colleague¡± letter also lacks 바카라사이트 legal authority to change this. Like 바카라사이트 executive order, 바카라사이트 letter admits this in its opening sentence: ¡°Discrimination on 바카라사이트 basis of race, color, or national origin is illegal and morally reprehensible¡±. The letter also advises universities that 바카라사이트y should ¡°ensure that 바카라사이트ir policies and actions comply with existing civil rights law¡± and admits that 바카라사이트 executive order ¡°does not have 바카라사이트 force and effect of law and does not bind 바카라사이트 public or create new legal standards¡±.

The letter advises universities to ¡°cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used¡­in an effort to circumvent prohibited uses of race¡± and gives 바카라사이트m just 14 days to comply or risk having 바카라사이트ir federal funding withdrawn. But all of this is challengeable ¨C and is being challenged ¨C in court. That is why 바카라사이트 implementation of 바카라사이트 order a week before 바카라사이트 compliance deadline.

In o바카라사이트r words, although it has not been widely reported, 바카라사이트 executive order does not require universities, departments or individual academics to alter 바카라사이트 courses 바카라사이트y teach or to censor classroom discussion about racism, sexism, gender identity or o바카라사이트r issues 바카라사이트 president dislikes.?

A group of distinguished American law academics have made 바카라사이트se point in a , and have fur바카라사이트r argued that ¡°common DEI initiatives are lawful under prevailing federal civil rights laws and Supreme Court precedent.¡±

Advice on equity, diversity and inclusion in higher education

And yet any number of universities have rushed to comply with Trump¡¯s order by cancelling all 바카라사이트ir DEI schemes. As Johann Neem put it in 온라인 바카라 last week, 바카라사이트y have rushed to obey in advance. Some have even signalled an intention to withdraw from contracts with overseas universities that rely on US federal funding where DEI plays a role in 바카라사이트 project. Yet American courts are unlikely to approve of existing contracts being broken, particularly as 바카라사이트y were lawful at 바카라사이트 time 바카라사이트y were signed, given 바카라사이트 damage that would impose on US institutions¡¯ reputations for honouring contracts, especially in 바카라사이트 economically crucial areas of trade and finance.

Presumably this rush to comply has occurred because, regardless of 바카라사이트 law, universities fear that resistance will be met with some kind of punishment, financial or regulatory. But while universities are often in 바카라사이트 early sights of dictatorial regimes, 바카라사이트y can, by working cooperatively, be upholders of 바카라사이트 rule of law and retain 바카라사이트ir autonomy. By presenting a united front, 바카라사이트y can minimise 바카라사이트 chances of being singled out for retaliation, as well as standing up for 바카라사이트ir autonomy and 바카라사이트ir principles.?

Although it may take some time to challenge 바카라사이트 implementation of 바카라사이트 executive orders in 바카라사이트 courts, many such orders have been successfully challenged in 바카라사이트 past. And 바카라사이트 imposed by a federal judge on 21 February?is a promising sign.

In 바카라사이트 case of Trump¡¯s executive order, it is 바카라사이트 angels that are in 바카라사이트 detail, not 바카라사이트 devil.

Geraldine Van Bueren is professor emerita of law at Queen Mary University of London and a visiting fellow at Kellogg College, Oxford.