Insights

On August 21, the Supreme Court, in National Institutes of Health v. American Public Health Association, granted the government’s application for a stay of the district court’s order vacating NIH’s termination of various research grants. The Court denied the government’s application with respect to the district court’s vacatur of related internal guidance documents. The Court’s order impacts federal government grantees who wish to challenge grant terminations in federal court.

On July 24, 2025, President Trump signed an Executive Order titled “Saving College Sports” (the “Order”). The White House also released an accompanying Fact Sheet regarding the Order.

On June 6, 2025, Judge Claudia Wilken issued final judgment in the In re College Athlete NIL Litigation, No. 4:20-cv-03919 (N.D. Cal.), approving the Fourth Amended Settlement Agreement commonly known as the “House Settlement.” The House Settlement drastically changes how Division I athletes are compensated, and will likely have far-reaching implications for higher education NCAA-member institutions and student-athletes.

The settlement approval hearing in In re College Athlete NIL Litigation, No. 4:20-cv-03919 (N.D. Cal.) is set for April 7, 2025. Commonly known as the “House Settlement,” the pending resolution between plaintiffs and the NCAA, if approved by Judge Claudia Wilken, could have far-reaching implications for higher education NCAA-member institutions and student-athletes.

On March 20, 2025, President Trump signed an Executive Order titled “Improving Education Outcomes by Empowering Parents, States, and Communities”.

In what may be the first lawsuit of its kind, a student has sued Yale University alleging that he has been falsely accused of using artificial intelligence on a final exam. The complaint, filed in February, could have far-reaching implications for both the use of AI by students and issues related to academic honesty.

President Trump has issued several executive orders relevant to institutions of higher education. Below we detail key provisions of these executive orders to help colleges and universities stay abreast of the everchanging policy landscape, and to provide takeaways to consider while awaiting further federal guidance. 

As of July 1, Utah’s “Equal Opportunity Initiatives” law is in effect.  This law prohibits “discriminatory practices” at higher education institutions, public education systems, and government employers within Utah.  In response to the law, colleges and universities like the University of Utah, Southern Utah University, Utah State University, and Weber State University have reportedly already closed DEI offices and cultural centers.

In a recent development that underscores the ongoing debate over diversity, equity, and inclusion (DEI) initiatives in the United States, a group of 21 Republican State Attorneys General spearheaded by Tennessee Attorney General Jonathan Skrmetti has challenged the American Bar Association's (ABA) Standard 206 on Diversity and Inclusion. In a letter sent to the ABA in early June, the Republican AG group argues that the ABA Standard and its proposed revisions are unlawful due to the Supreme Court's ruling in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA).

In May, Senator Maria Cantwell (D-Wash.) and Senator Jerry Moran (R-Kan.) announced legislation to encourage increased opportunities for artificial intelligence (“AI”) education at colleges, universities and K-12 institutions. In the public remarks introducing the bipartisan AI Education Act of 2024, Senator Cantwell noted, “This bill will open doors to AI for students at all levels, and upskill our workforce to drive American tech innovation, entrepreneurship and progress in solving the toughest global challenges.” Senator Moran summarized the need for the bill: “If we want to fully understand AI and remain globally competitive, we must invest in the future workforce today.”

The Fourth Circuit and an Arizona district court both have grappled with the issue of whether a school’s 501(c)(3) tax-exempt-status is a form of “federal financial assistance” under various federal nondiscrimination provisions.  For a nonpublic school to be subject to statutes such as Title VI or Title XI, the school must be a recipient of federal financial assistance.

On June 29, 2023, the Supreme Court, in Students for Fair Admissions (“SFFA”) v. Presidents and Fellows of Harvard College and SFFA v. University of North Carolina, held that race-based admissions programs violate the Constitution’s Equal Protection Clause (which applies to public institutions such as UNC), as well as Title VI (which applies to private institutions like Harvard).

In North Carolina, Governor Roy Cooper recently signed the “North Carolina Regulatory Sandbox Act of 2021” into law (the “Act”). The legislation creates a regulatory sandbox program for innovation in insurance and financial services, adopts a “taxonomy related to blockchain, smart contracts, and other emerging technologies,” and establishes the North Carolina Innovation Council.