The city of Baltimore filed a lawsuit against the Trump administration late Monday, joining a group of organizations challenging a sweeping executive order that rescinded federal support for diversity, equity and inclusion programs.
The lawsuit claims that the city has been left with a “quandary”: It relies on hundreds of millions of dollars in federal grants, many of which could be at risk under the executive order.
“The uncertainty of federal funding leaves the city wondering whether it needs to start reallocating resources—and likely reduce support for other programs—just to sustain its critical municipal functions," the complaint reads.
President Donald Trump signed the executive order on his first day in office. The order demands an end to “discriminatory programs, including illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear.”
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A follow-up order would require grant recipients to certify that they do not “operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.”
Monday night’s lawsuit raises a host of constitutional claims against the order, which has been criticized as an overreach of Trump’s executive power. The Constitution gives Congress authority to create the federal budget, not the president.
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The lawsuit, filed in U.S. District Court in Maryland, accuses Trump of violating the spending clause of the Constitution and the separation of powers. It also claims that the executive order violates the First Amendment by limiting free speech.
“Plaintiffs are chilled from expressing or participating in anything that might draw the ire of the President or his administration when it comes to DEI,” the complaint says.
Baltimore is both a contractor and a grantee of the federal government, according to the lawsuit, using the money to support programs and services including public safety, housing, infrastructure and accessibility for low-income, elderly and disabled populations.
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That includes $250 million in federal funds under the Justice40 Initiative, a Biden-era federal program designed to ensure that at least 40% of the benefits from federal climate, clean energy and housing investments go to communities that have been harmed by disinvestment and pollution, according to the complaint.
The National Association of Diversity Officers in Higher Education, the American Association of University Professors and Restaurant Opportunities Centers United are also plaintiffs in the lawsuit. The groups, including the city, are represented by the legal organizations Democracy Forward and Asian Americans Advancing Justice.
In a news release, Mayor Brandon Scott said the order from Trump aims to “establish a legal framework to attack anyone or any place who dares to celebrate our diversity” and called the order “political posturing.”
“Baltimore citizens risk losing vital federal funding due to this executive order, putting jobs and livelihoods at stake — and we will fight it with every legal tool available to us, just as we are doing with this lawsuit."
The White House did not immediately respond to an emailed request for comment Monday night.
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