ASBC Joins Broad Coalition Urging Court to Protect DEIA Programs and Free Speech

For Immediate Release
Washington, DC – May 16, 2025

Media Contact
Anayana White
anayana@asbnetwork.org

ASBC Joins Broad Coalition Urging Court to Protect DEIA Programs and Free Speech

WASHINGTON, D.C — The American Sustainable Business Council (ASBC), the membership and advocacy affiliate of the American Sustainable Business Network (ASBN), is proud to stand alongside a diverse coalition of states, businesses, civil rights advocates, and scientific organizations in defending diversity, equity, inclusion, and accessibility (DEIA) programs from unlawful political attacks. As outlined in a recent filing to the U.S. Court of Appeals for the Fourth Circuit, ASBC and 12 of its business members joined other private employers in submitting a business amicus brief, NADOHE v. Trump, U.S. Court of Appeals for the Fourth Circuit, supporting the ongoing legal challenge to the administration’s executive orders that seek to suppress DEIA efforts nationwide.

“We believe that DEIA practices are not only constitutionally protected but vital to workplace fairness, innovation, and long-term economic success,” says David Levine, Co-Founder and President of the American Sustainable Business Council. “The vague and coercive nature of the executive orders in question undermines businesses’ rights to free speech and endangers business innovation and performance across industries. ASBC will continue to be the voice of business and democracy where others are afraid to speak out.”

Contact Anayana White at anayana@asbnetwork.org for questions related to ASBC’s involvement.

The following media release, originally published by our partners at Democracy Forward, highlights the coalition’s unified legal and moral stand in support of free expression, inclusive workplaces, and evidence-based decision-making.

This statement is reposted with permission. You can also view the original release here.

Press Release May 16, 2025

Broad Coalition Urges Court to Uphold Injunction
Against Trump’s Anti-DEIA Executive Orders

States, Businesses, Scientists, and Civil Rights Groups Support Fight for Free Speech and Pro-Equity Programs

Washington, DC — A broad coalition of allies—including 18 states, leading private employers, and civil rights organizations—filed amicus briefs last week in the U.S. Court of Appeals for the Fourth Circuit in support of Democracy Forward and Asian Americans Advancing Justice – AAJC’s case, on behalf of the National Association of Diversity Officers in Higher Education (NADOHE), the American Association of University Professors, and the Mayor and City Council of Baltimore, Maryland, challenging President Trump’s unlawful executive orders targeting diversity, equity, inclusion, and accessibility (DEIA) programs nationwide.

These executive orders have already chilled protected speech, jeopardized scientific research and education, and triggered funding cuts for programs serving historically marginalized communities. The amici urge the court to uphold the preliminary injunction previously granted by a federal district court in Maryland, which found that the executive orders likely violate the First and Fifth Amendments.

The amici include:

  • Eighteen States, which argue that the executive orders undermine civil rights compliance, harm state residents, and obstruct the effective use of federal grants;
  • Private Businesses and Employers across a wide range of industries, including the American Sustainable Business Council, who emphasize that DEIA practices are essential to their operations, workplace fairness, and economic performance. These employers warn that the vague and coercive provisions of the executive orders threaten not only legal compliance but also business success; and
  • Civil Rights and Science Advocacy Organizations – the ACLU of Maryland, Public Justice Center, and Union of Concerned Scientists – which highlight how the orders are being used to suppress speech and dismantle legitimate scientific and educational efforts in real time.

“These briefs send a clear message: President Trump’s executive orders are not only unlawful—they’re dangerous,” said Aleshadye Getachew, Senior Counsel at Democracy Forward. “From business leaders to public officials to frontline communities, there is overwhelming consensus that these attacks on DEIA are an affront to our constitutional values and our national interest. We’re proud to be alongside our clients in defense of free expression, inclusion, and legal accountability.”

The case, NADOHE et al v. Trump et al, continues in the Fourth Circuit as plaintiffs seek to uphold the injunction which blocked enforcement of the executive orders, which were issued in January 2025 under the false guise of restoring “merit-based opportunity” while in fact silencing speech and penalizing lawful diversity efforts.

The legal team at Democracy Forward on this case includes Aleshadye Getachew, Cynthia Liao, Brooke Menschel, J. Sterling Moore, and Audrey Wiggins.

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Democracy Forward is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.

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