Dear Colleagues,    

We would like to update you on recent legal actions relevant to CU’s campuses and communities.  

First, the U.S. District Court of Maryland issued a preliminary injunction on February 21 (which occurred after our communication) that blocks the administration from implementing the termination, certification, and enforcement provisions contained in two executive orders, Ending Radical Government DEI Programs and Preferencing and Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Under the preliminary injunction, the federal government cannot implement the executive orders’ provisions to terminate federal grants or contracts that support diversity, equity and inclusion; require recipients of federal funds to attest they do not engage in “illegal DEI” under penalty of the False Claims Act; or investigate private industry and universities with endowments exceeding $1 billion for engaging in DEI. The judge issued a memorandum opinion, in which he said the executive orders do not define DEI nor what types of programs and policies the administration considers illegal, calling the orders “unconstitutionally vague.” Moreover, he ruled that the orders unconstitutionally restrict “protected speech based on its content and viewpoint.” The administration is expected to appeal the decision. 

Second, the U.S. District Court of Maryland issued a two-week restraining order earlier today to prevent the U.S. Department of Education and the Office of Personnel Management from sharing sensitive information, including federal employees’ and student borrowers’ personal information, with the Department of Government Efficiency. Politico reports the temporary order is the “most wide-ranging block on DOGE’s activities to date.” A judge from the U.S. District Court of the Southern District of New York extended a temporary block on DOGE’s access to Treasury Department databases on February 21.  

We recognize the uncertainty and worry the current federal climate may have on our campus communities. We assure you the Federal Relations and General Counsel teams are monitoring developments to keep you informed.  In these times, it’s critical to keep our eye on the ball. Please know we are here for you, and we are working closely with the President and Chancellors. We encourage you to contact your campus leadership with questions. Please visit the CU System Federal Transitions Update page for up-to-date communications and federal memos.    

Jeremy Hueth, Vice President, University Counsel   

Danielle Radovich Piper, Sr. VP External Relations and Strategy