Democrats use lawfare to slow down the Education Department’s ability to fulfill its legal obligations. mainstream media reports that judges have told the Education Department “they can’t use federal funding to end DEI Initiatives” – which is a fabrication. The contradictory rulings had to do with implementation issues, and not substantive matters. Title VI, the non-discrimination act, must be enforced.

Injunctions were filed by two of the largest teacher’s unions in the country, as well as the NAACP. They are unhappy with the Trump administration for its enforcement of anti-discrimination law. The Supreme Court may be required to intervene due to three conflicting opinions of district courts on procedural issues.

The media headlines give the impression that judges have ruled against U.S. Department of Education. However, they conceal the fact that judge rejected the vast majority of complaints. Two injunctions, and one stay, were about procedural questions that could be resolved.

The Acting Assistant Secretary for Civil Rights of the Education Department, sent out a letter entitled “Dear Colleague“, on February 14, 2025 to all K-12 and Postsecondary Public Institutions that receive federal funding. The letter stated that the USDOE intends to enforce antidiscrimination law “under Title VI of Civil Rights Act of 1965, the Equal Protection Clause of United States Constitution and other relevant authorities.” The Department released FAQs on March 1 to answer any questions regarding the Dear Colleague Letter. To show that they are serious about enforcing this law, the Department sent a Certification Request to all agencies receiving federal funds. This was to give assurances to schools that they don’t discriminate.

Title VI, Section 601, states: “No person shall. . . “No person shall be excluded, denied benefits or discriminated against because of their race, color or nationality, under any program or activities receiving Federal financial aid.”

Other words, federal funding comes with conditions: adhere to anti-discrimination legislation or funding may be revoked.

It is disturbing that Democrats still oppose the Civil Rights Act 60 years after it was passed.

Are the rulings valid?

In multiple courts, three different injunction requests were filed with contradictory results. Two judges may not have acted within their constitutional rights by applying their decisions to all plaintiffs, rather than just the ones who filed suit. A judge ruled in favor of the Education Department.

The Case 1: A judge appointed by Obama in New Hampshire named Landya McCaffery sided with plaintiffs on April 24, and issued an order against the Education Department for violating the Administrative Process Act. Plaintiffs included the National Education Association and its New Hampshire affiliate as well as the Center for Black Educator Development. McCaffrey injuncted “the defendants” from enforcing 2025 Letters and their implementation measures against a certain category of parties: entities that receive federal funding, but employ or contract plaintiffs or plaintiffs members. The injunction applies to any school that hires a member from the NEA, or Center for Black Educator Development. Since the membership of these groups is not made public, how can the Education Department know which institutions are affected by the injunction?

The second case: Stephanie Gallagher a Maryland judge appointed by Donald Trump, , sided with the plaintiffs, the American Federation of Teachers, . Gallagher refused to issue an order and said, “This Court doesn’t believe that an injunction is necessary once the stay has been implemented.” The judge also denied the plaintiffs motion to include “the FAQs” and the End DEI Portal in the Dear Colleague Letter. This decision is in conflict with the New Hampshire Judge’s ruling. Judge Gallagher refused to grant the plaintiff’s request that the Education Department “enforce Title VI according to specified prior guidances”, and to have it “replace those guidances on its website”.

The judge Gallagher found that the Education Department did not follow the correct procedures to implement the policies, based on the rules of the Administrative Procedures Act. She issued a stay “to delay its effective date – under 5 U.S.C. SS 705 pending a resolution of this matter.”

Third Case: This lawfare is not over with two cases. The NAACP has also submitted a request for an injunction to the D.C. court. The decision by Trump-appointed Judge Dabney Friedrich differed from the two other rulings. She rejected the NAACP’s claims, including the violation of Administrative Process Act. However, she granted a preliminary injunction to stop the Certification requirement because of its vagueness.

In these three cases, the court has given conflicting rulings. They also differ in who they affect. For example, the case 1 ruling only applies to members of plaintiffs’ organizations. However the judge does not explain how the Department of Education will know who the members are.

In case 3, Judge Friedrich seems to have applied her ruling in a way that would apply it as if she were granting a nationwide injunction, rather than only for the plaintiffs. Does Judge McCaffery have this authority Even in case 1, even Judge McCaffery admitted that a nationwide order may not be within her judicial authority by saying.

QUOTE However, the court is aware that there is still uncertainty about whether district courts have the authority to issue nationwide orders. Supreme Court members have recently expressed skepticism about the legality of nationwide injunctions. /QUOTE

In the November election, the nation rejected the discriminatory policy of the Democrats. The Democrats are still clinging to the same old narratives that have failed them. The Education Department should push forward and remove all speed bumps in its path to combat the Democrats’ vile discrimination.

This article first appeared on Teachers' unions use lawfare to defend racism in schools