Georgetown Law Defies Federal Demand to Eliminate DEI
The dean of Georgetown Law School is pushing back against demands by D.C.'s U.S. Attorney to drop DEI programs and curriculum content.
The Trump administration continues to push the boundaries of free speech by threatening retaliation against Georgetown Law School if it fails to eliminate any diversity, equity, and inclusion (DEI) programs.
In a “letter of inquiry” dated February 17 but emailed to Dean William Treanor on March 3, Acting U.S. Attorney for the District of Columbia Ed Martin said that a whistleblower informed him that Georgetown Law School “continues to promote and teach DEI,” calling such actions “unacceptable,” according to The Associated Press.
Martin warned Treanor that his office wouldn’t consider any Georgetown Law students for jobs, summer internships, or fellowships until the school dropped its DEI programs.
Notably, the letter does not define what is considered “DEI” in terms of curriculum.
In recent years, conservatives have adopted an ever-shifting definition of what constitutes DEI, meaning it could pertain to anything ranging from mere mentions of cultural, racial, ethnic, or religious diversity, to the identification of select groups based on their characteristics, to the inclusion of diverse works of literature and learning materials in curriculum, to acknowledging concepts like bias, prejudice, discrimination, racism, or structural inequalities.
Upon taking office earlier this year, Trump signed an executive order ending DEI programs in the federal government and directing the Department of Justice to investigate private companies that refuse to rescind pro-diversity policies.
Trump and his fellow Republicans oppose DEI efforts because they believe that championing diversity can be inherently divisive, making people feel “guilt” or shame over their identities and that DEI efforts are discriminatory because they hire and retain allegedly “unqualified” individuals of color over whites, males, heterosexuals and members of other dominant cultural or identity groups.
Treanor replied to the Trump-appointed district attorney that the First Amendment prohibits the government from dictating what a private religiously-affiliated institution like Georgetown chooses to teach or how to teach it.
“Given the First Amendment’s protection of a university’s freedom to determine its own curriculum and how to deliver it, the constitutional violation behind this threat is clear, as is the attack on the University’s mission as a Jesuit and Catholic institution,” Treanor wrote in his response. “Your letter challenges Georgetown’s ability to define our mission as an educational institution.”
He added that Georgetown was founded on the principle that serious and sustained discourse among people of different faiths, cultures, and beliefs promotes intellectual, ethical, and spiritual understanding.”
He concluded by asking Martin to confirm that any Georgetown Law-affiliated candidates for employment opportunities would “receive full and fair consideration.”
Even New York Times writer and right-wing lawyer David French agreed with Treanor’s assessment.
“I’ve rarely read a more unconstitutional letter,” French wrote in his column. “Even a first-year law student knows that the federal government cannot dictate the viewpoint and curriculum of a private Christian school, yet here was a federal prosecutor opening an inquiry into a Jesuit school’s protected speech.”
Martin’s effort to pressure Georgetown to drop its DEI initiatives isn’t the first time that the conservative activist has sought to use his platform to ensure Trump’s preferred policies are carried out.
He previously fired and demoted attorneys who prosecuted those involved in storming the U.S. Capitol building on January 6, 2021.
Martin, who has referred to himself as one of Trump’s attorneys, also rankled liberals and good government advocates by promising to stand “against entities like the AP [Associated Press] that refuse to put America first.”
As reported by MSNBC, that appears to be a reference to the administration banning the news wire service from the White House press pool for continuing to use the name “Gulf of Mexico” alongside “Gulf of America” in its stories.
Earlier this month, Democratic members of the Senate Judiciary Committee asked the Office of Disciplinary Counsel in Washington to investigate their “grave concern” that Martin may have engaged in professional misconduct since taking office. In their letter, the senators accused Martin of repeatedly abusing his position and “using the threat of prosecution to intimidate government employees and chill the speech of private citizens.”
“Mr. Martin’s conduct not only speaks to his fitness as a lawyer,” the letter reads in part. “His activities are part of a broader course of conduct by President Trump and his allies to undermine the traditional independence of Department of Justice investigations and prosecutions and the rule of law.”
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