Perspectives

Executive Actions Challenged in Court

March 14, 2025, Updated April 25, 2025

The Trump administration has been significantly active in their first month and a half in office. President Trump signed a flurry of Executive Orders (EOs) on day one, followed by agency and other Departmental directives such as Dear Colleague Letters, FAQ documents, and agency actions related to the federal workforce. ACCT has been actively following EOs relevant to community colleges and you can find a list of them here

These actions by the Administration have been met with resistance by state and local governments, as well as other entities, who have taken to the Courts to litigate several issues. In an effort to provide clear and useful information, ACCT has begun compiling a list of relevant litigation that is most critical for the higher education sector. While this is not an exhaustive list of all court cases being filed against the Trump administration, it helps paint a picture of where things stand. 

*Note: The information presented in this resource is offered for general informational purposes only, and is not offered as and does not constitute legal advice. The information may not reflect the most current legal developments. Please consult with a qualified attorney licensed to practice in your jurisdiction for specific legal advice regarding your situation.

Relevant State and Local Government Litigation Against Trump Administration Executive Orders and Executive Actions (As of March 14, 2025)

Executive Order(s)/Executive Action: EO 14151
Issue: DEI Initiative Ban in Executive Branch and By Federal Government Contractors and Grantees – Termination of Federal Grants Under the Teacher Quality Partnership (“TQP”) and Supporting Effective Educator Development (“SEED”) Programs
Case(s): State of California v. U.S Department of Education (D. Mass.) (Case No. 1:25-cv-10548)
Relevant Plaintiffs: California, Colorado, Illinois, Maryland, Massachusetts, New Jersey, New York, Wisconsin
Status: 

  • (4/4/2025) U.S Supreme Court granted a stay of the temporary restraining order pending appeal, which allows the Administration to terminate federal teacher training grant programs in plaintiff states above deemed to violate the DEI Executive Order (while an appeal is pending)
  • (03/10/2025) Temporary restraining order issued blocking termination of grants in plaintiff states above; federal government appeal in process

Executive Order(s)/Executive Action: EO 14151 and EO 14173
Issue: DEI Initiative Ban in Executive Branch and By Federal Government Contractors and Grantees  – Parties Seeking Declaration that Executive Orders Are Unconstitutional
Case(s): National Association of Diversity Officers in Higher Ed. v. Trump (D. Md.) (Case No. 1:25-cv-00333-ABA)
Relevant Plaintiffs: City of Baltimore, Maryland (& Additional Plaintiffs)
Status: 

  • (3/14/2025) U.S Court of Appeals for the Fourth Circuit lifted preliminary injunction. While appeal is pending, EO 14151 and EO 14173 can be enforced nationwide.
  • (3/10/2025) Partial preliminary injunction granted to prevent termination of federal government contracts and grants (applicable to all federal executive branch agencies)

Executive Order(s)/Executive Action: Department of Education's Office of Civil Rights Action
Issue: February 14, 2025 Department of Education “Dear Colleague Letter” Prohibiting DEI Programs Alleged to Violate Federal Civil Rights Laws
Case(s): American Federation of Teachers v. U.S. Department of Education (D. Md.) (Case No. 1:25-cv-00628-SAG) & National Education Association v. US Department of Education (D.N.H.) (Case No. 1:25-cv-00091)
Relevant Plaintiffs: American Federation of Teachers, American Sociological Association
Status: 

  • (4/24/2025) Nationwide enforcement of “Dear Colleague Letter” is stayed by U.S. District Court for the District of Maryland in American Federation of Teachers v. U.S. Department of Education (D. Md.) (Case No. 1:25-cv-00628-SAG); case ongoing
  • (4/24/2025) Preliminary injunction granted for plaintiffs in National Education Association v. US Department of Education (D.N.H.) (Case No. 1:25-cv-00091); government cannot enforce “Dear Colleague Letter” with respect to members of the National Education Association; case ongoing

Executive Order(s)/Executive Action: EO 14210
Issue: Reduction in Force of the Department of Education
Case(s): State of New York v. McMahon (D.Mass) (Case No. 1:25-cv-10601)
Relevant Plaintiffs: Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin
Status: Ongoing

Executive Order(s)/Executive Action:EO 14210
Issue:Reduction in Force of the Department of Education
Case(s):Somerville Public Schools, et al. v. Donald J. Trump, et al. (Case No. 1:25-cv-10677)
Relevant Plaintiffs:American Federation of Teachers, American Association of University Professors
Status: 4/1/2025: Request for preliminary injunction filed; includes request to reinstate recently terminated Department of Education employees

Executive Order(s)/Executive Action: EO 14160
Issue: Ending Birthright Citizenship
Case(s): State of New Jersey et al v. Donald J. Trump et al (D. Mass.) (Case No. 1:25-cv-10139) & State of Washington et al v. Donald J. Trump et al (W.D. Wash.) (Case No. 2:25-cv-00127-JCC)
Relevant Plaintiffs: Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin
Status: (2/13/2025) Preliminary injunction issued to block EO 14160 nationwide; government appeal in process

Executive Order(s)/Executive Action: EO 14159
Issue: Federal Government Action Against “Sanctuary” Jurisdictions
Case(s): City and County of San Francisco v. Donald J. Trump, et al (N.D. Cal.) (Case No. 3:25-cv-01350) &  City of Chelsea v. Trump (D. Mass.) (Case No. 1:25-cv-10442)
Relevant Plaintiffs: California (City and County of San Francisco); Massachusetts (City of Chelsea)
Status: 

  • (4/24/2024) Preliminary injunction issued for plaintiffs in City and County of San Francisco v. Donald J. Trump, et al (N.D. Cal.) (Case No. 3:25-cv-01350); federal government prohibited from withholding federal funds from the following jurisdictions based on EO 14159, EO 14218, or Attorney General memorandum on “sanctuary” jurisdictions: City and County of San Francisco, County of Santa Clara, City of Portland, Martin Luther King, Jr. County, City of New Haven, City of Oakland, City of Emeryville, City of San Jose, City of San Diego, City of Sacramento, City of Santa Cruz, County of Monterey, City of Seattle, City of Minneapolis, City of St. Paul, and City of Santa Fe; case ongoing

Executive Order(s)/Executive Action: EO 14158 and EO 14219
Issue: Operation of “Department of Government Efficiency” (DOGE)
Case(s): New Mexico et al. v. Musk (D.D.C.)(Case No. 1.25-cv-00429)
Relevant Plaintiffs: California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, Washington
Status: Ongoing

Executive Order(s)/Executive Action: Executive Action Regarding DOGE
Issue: Disclosure of Personal Records to DOGE
Case(s): New York et al v. Donald J. Trump (S.D.N.Y.) (Case No. 1:25-cv-01144-JAV)
Relevant Plaintiffs: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin
Status: 

  • (4/11/2025) Preliminary injunction partially dissolved to allow a new member of the Treasury DOGE Team to access designated payment systems
  • (2/21/2025) Limited nationwide preliminary injunction issued to prohibit DOGE access to “any Treasury Department payment record, payment systems, or any other data systems maintained by the Treasury Department containing personally identifiable information and/or confidential financial information of payees.” Case ongoing.

Executive Order(s)/Executive Action: EO 14210
Issue: Federal Government Agency Reductions in Force
Case(s): Maryland et al. v. U.S. Department of Agriculture et al. (D. Md.) (Case No. 1:25-cv-00748-ABA)
Relevant Plaintiffs: Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Wisconsin
Status: 

  • (4/9/2025) Fourth Circuit ruled in favor of federal government, ending the temporary restraining order while the appeal is ongoing

  • (4/4/2025) Federal government motion to stay temporary restraining order pending appeal denied; temporary restraining order to remain in effect
  • (3/26/2025) Temporary restraining order extending until April 1
  • (3/13/2025) Temporary restraining order issued for 14 days; probationary employees at the following agencies terminated under reductions in force at issue to be reinstated: Department of Agriculture, Department of Commerce, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, Department of Interior, Department of Labor, Department of Transportation, Department of Treasury, Department of Veterans Affairs, Consumer Financial Protection Bureau, Environmental Protection Agency, Federal Deposit Insurance Corporation, General Services Administration. Case ongoing.

Executive Order(s)/Executive Action: EO 14210
Issue: Bureau of Indian Education Reductions in Force
Case(s): Pueblo of Isleta v. Secretary of the Department of the Interior (D.D.C.) (Case No. 1:25-cv-00696)
Relevant Plaintiffs: Pueblo of Isleta, Prairie Band Potawatomi Nation, Cheyenne, and Arapaho Tribes
Status: Ongoing

Executive Order(s)/Executive Action:Executive Action Regarding Federal Funding Freeze
Issue:Federal Pause on Grants, Loans, and Assistance Programs
Case(s):New York et al v. Donald J. Trump et al (D.R.I.) (Case No. 1:25-cv-00039)
Relevant Plaintiffs:Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin
Status: 

  • (3/6/2025) Preliminary injunction granted for the plaintiff states above; case ongoing
  • (1/29/2025) Administration rescinded memorandum at issue

Executive Order(s)/Executive Action: EO 14168 and EO 14187
Issue: Gender Affirming Care Ban for Individuals Under Age 19
Case(s): State of Washington et al. v. Donald J. Trump et al. (W.D. Wash) (Case No. 2:25-cv-00244)
Relevant Plaintiffs: Colorado, Minnesota, Oregon, Washington
Status: (2/28/2025) Partial preliminary injunction granted for the plaintiff states above; case ongoing

Executive Order(s)/Executive Action: Execution Action Regarding NIH Indirect Cost Reimbursement
Issue: National Institutes of Health (NIH) Revised Cap on Indirect Cost Reimbursement
Case(s): Commonwealth of Massachusetts v. National Institutes of Health (D. Mass.) Case No. 1:25-cv-10338
Relevant Plaintiffs: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin
Status: 

  • (4/4/2025) Nationwide preliminary injunction converted to a nationwide permanent injunction by U.S. District Court for the District of Massachusetts; case ongoing
  • (3/5/2025) Nationwide preliminary injunction granted

Executive Order(s)/Executive Action: Reductions in Public Health Funding
Issue: Issue: Termination of $11 Billion in Public Health Funding to States by U.S. Department of Health and Human Services
Case(s): Colorado et al. v. U.S. Department of Health and Human Services
Relevant Plaintiffs: Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, Wisconsin
Status: 

  • (4/5/2025) Temporary restraining order granted, preventing funding terminations in the states listed above
  • (4/1/2025) Request for temporary restraining order filed

Executive Order(s)/Executive Action: Executive Action- Columbia University
Issue: Termination of Federal Funding to Columbia University for Alleged Violation of Executive Order 14188 ("Additional Measures to Combat Anti-Semistism")
Case(s):
American Association of University Professors v. United States Department of Justice (S.D.N.Y.) Case No. 1:25-cv-02429
Relevant Plaintiffs: American Association of University Professors and the American Federation of Teachers
Status: (4/3/2025) Request for preliminary injunction filed by plaintiffs to restore federal funding to Columbia University

Executive Order(s)/Executive Action: EO 14188
Issue: Threatened Withdrawal of Funding to Harvard University for Alleged Violation of Executive Order 14188 (“Additional Measures to Combat Anti-Semitism”)
Case(s): American Association of University Professors - Harvard Faculty Chapter v. Department of Justice (D. Mass.) Case No. 1:25-cv-10910
Relevant Plaintiffs: American Association of University Professors – Harvard Faculty Chapter and American Association of University Professors
Status: (4/11/2025) Complaint filed; case ongoing

Executive Order(s)/Executive Action: Executive Action Reducing Staff and Cancelling Contracts of the Institute of Education Sciences at the Department of Education
Issue: Plaintiffs seeking cancelled contracts to be reinstated or re-bid, and laid off Institute employees to be reinstated
Case(s): American Educational Research Association (AERA) and Society for Research on Educational Effectiveness (SREE) v. U.S. Department of Education et al., Case No. 25-cv-1230
Relevant Plaintiffs:American Educational Research Association (AERA) and Society for Research on Educational Effectiveness (SREE)
Status: (4/14/2025) Complaint filed; case ongoing

Executive Order(s)/Executive Action: Executive Action Reducing Staff and Cancelling Contracts of the Institute of Education Sciences at the U.S. Department of Education
Issue: Plaintiffs seeking cancelled contracts to be reinstated or re-bid, and laid off Institute employees necessary to perform the agency’s statutory functions to be reinstated
Case(s): Association for Education Finance and Policy, Inc. v. McMahon, Case 1:25-cv-00999
Relevant Plaintiffs:Association for Education Finance and Policy, Inc. and the Institute for Higher Education Policy
Status: (4/4/2025) Complaint filed; case ongoing

Executive Order(s)/Executive Action: EO 14161 and EO 14188
Issue: Plaintiffs seeking to prevent arrests, detentions, and deportations of noncitizen students and faculty based on political/ideological activities alleged to conflict with EO 14161 and EO 14188
Case(s): American Association of University Professors v. Rubio, 1:25-cv-10685, (D. Mass.)
Relevant Plaintiffs: American Association of University Professors
Status: (4/1/2025) Request for preliminary injunction filed by plaintiffs seeking to prevent implementation of arrest, detention, and deportation policies carried out under Executive Orders cited above

Andy Laine is the Association Counsel at ACCT 
José Miranda is the Director of Government Relations at ACCT

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