Defendants appeal from the preliminary injunction issued by the district court blocking key provisions of President Trump's anti-DEI executive orders.

On March 4, 2025, Defendants filed an emergency motion asking the Court of Appeals to reverse the lower court's issuance of a preliminary injunction and allow Trump’s executive orders to remain in effect until the court makes a final decision in the case. Defendants argue that the orders were routine exercises of presidential authority and that the doctrine of constitutional vagueness—which requires laws to clearly define prohibited conduct so people understand how to comply—does not apply to President’s instructions to subordinates. Defendants further argue that the First Amendment does not create an entitlement to DEI programs that Defendants contend violate anti-discrimination laws.

On March 14, 2025, the appeals court issued a "stay" suspending the lower court's injunction until the appeal is fully considered. Judge Harris noted that the challenged executive orders were "of distinctly limited scope" and "do not purport to establish the illegality of all efforts to advance diversity, equity, and inclusion." Rather, they "apply only to conduct that violates existing federal anti-discrimination law." While putting the injunction on hold, two of the three judges also expressed support for DEI efforts, one noting that "despite the vitriol now being heaped on DEI, people of good faith who work to promote diversity, equity, and inclusion deserve praise, not opprobrium."