Both Congress and the White House have sought to introduce new financial restrictions for institutions of higher education, building on efforts made during President Trump’s first term. These proposed restrictions include...more
On Monday, March 3, Linda McMahon was confirmed by the Senate to serve as President Trump’s Secretary of the Department of Education by a vote of 51 to 45. Since President Trump’s inauguration, even without a confirmed...more
3/6/2025
/ Civil Rights Act ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
OCR ,
Presidential Appointments ,
Regulatory Reform ,
Title IX ,
Title VI ,
Trump Administration ,
Universities
On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more
2/20/2025
/ Civil Rights Act ,
Colleges ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
First Amendment ,
OCR ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Trump Administration ,
Universities
With a promise to deliver the “largest deportation” in the history of the United States, President Trump’s 2024 campaign foreshadowed a new era of immigration policy and enforcement. The first two weeks of the second Trump...more
2/5/2025
/ Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Sanctuary Cities ,
State and Local Government ,
Trump Administration ,
Universities ,
USCIS ,
Visas
As anticipated, the second Trump Administration began with the release of numerous executive orders. In this client alert, part of Jenner & Block’s “First 100 Days” series, we unpack three orders that target diversity,...more
1/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Legislative Agendas ,
New Legislation ,
OFCCP ,
Title IX ,
Trump Administration ,
Universities
On March 4, 2024, the Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in a case challenging Virginia Tech’s bias intervention and response team policy, instructing the court to dismiss the case as moot. ...more
On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and...more
On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more
8/16/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Universities
On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more
7/3/2023
/ Bias ,
College Admissions ,
Colleges ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Race Relations ,
Rehabilitation Act ,
State Labor Laws ,
Students for Fair Admissions v Harvard College ,
Title VII ,
Universities
As universities and corporations across America have expanded their diversity, equity, and inclusion (DEI) efforts in recent years, some states are pushing back. Florida and its governor, Ron DeSantis, have led this...more
The last few years have been eventful and, at times, difficult ones for institutions of higher education. Institutions have been deeply impacted by issues ranging from the COVID-19 pandemic, to debates over free speech, to...more
2/3/2023
/ Antitrust Litigation ,
Artificial Intelligence ,
Biden Administration ,
College Admissions ,
College Athletes ,
Colleges ,
Competition ,
Coronavirus/COVID-19 ,
DACA ,
Department of Education ,
Diversity ,
Educational Institutions ,
Immigration ,
Loan Forgiveness ,
New Rules ,
OCR ,
Race Discrimination ,
Student Loans ,
Students ,
Title IX ,
Universities
Threats to DEI initiatives are not new, but the types of litigants and lawsuits underlying these threats are evolving. As discussed in previous client alerts, the coordinated attack on DEI programs already extends well beyond...more
On October 31, the Supreme Court will hear oral argument in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, in which the...more
10/26/2022
/ Admissions ,
Civil Rights Act ,
Colleges ,
Educational Institutions ,
Equal Protection ,
Ethnicity ,
Fourteenth Amendment ,
Oral Argument ,
Race Discrimination ,
SCOTUS ,
Students ,
Title VI ,
Universities
Yesterday, the Supreme Court agreed to hear a pair of cases asking the Court to overrule its precedents governing the consideration of race in college admissions. One case concerns admissions at Harvard College, and the other...more