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The Education Department, in a court filing Wednesday, moved to dismiss its appeal. It leaves in place a federal judge’s August decision finding that the anti-DEI effort violated the First Amendment and federal procedural rules.

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The memo said race could not be considered in decisions involving college admissions, hiring, scholarships and “all other aspects of student, academic, and campus life.” It said efforts to increase diversity had led to discrimination against white and Asian American students.

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Both documents were struck down by U.S. District Judge Stephanie Gallagher in Maryland. In her ruling, she said the guidance 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.”

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