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The U.S. Department of Education filed a notice dismissing its appeal of U.S. District Judge Stephanie A. Gallagher's August ruling, which found that the administration's anti-DEI initiative violated the First Amendment and failed to comply with federal Administrative Procedures Act requirements. The withdrawal leaves the district court's decision in place, permanently blocking enforcement of the contested policies against any school in the country.
"This is a huge victory for kids," said AFT President Randi Weingarten. "In this case, with the stroke of a pen, the administration tried to take a hatchet to 60 years of civil rights laws that were meant to create educational opportunity for all kids."
The case, American Federation of Teachers et al v. U.S. Department of Education et al., challenged two key actions by the Education Department's Office for Civil Rights. The first was a "Dear Colleague Letter" issued February 14, 2025, warning that federal funding would be withheld from institutions that teach critical history and sociology lessons referencing race, provide diversity and inclusion programming, or foster inclusive environments for students of all backgrounds.
The memo declared that race could not be considered in college admissions, hiring, scholarships and "all other aspects of student, academic, and campus life," claiming that diversity efforts had led to discrimination against white and Asian American students.
The department subsequently required every state and school district to sign a certification—under threat of funding termination and criminal penalty—pledging adherence to the administration's civil rights interpretation.
In her ruling vacating both the letter and certification requirement, Judge Gallagher determined that the guidance unconstitutionally stifled teachers' free speech, "causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished."
The court also found that the administration failed to follow proper procedures required under the Administrative Procedures Act when creating these requirements.
"When you fight you don't always win, but you never win without a fight," Weingarten said. "We are proud that this case has once again halted the administration's pattern of using executive fiat to undermine America's laws that enshrine justice and opportunity for all."
The plaintiffs included the AFT, AFT-Maryland, the American Sociological Association, and Eugene School District 4J in Oregon. They were represented by Democracy Forward, a legal advocacy organization.
"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," said Skye Perryman, Democracy Forward's president and CEO. "And, when people show up and resist, they win."
The Education Department did not immediately respond to requests for comment.
