Each week, Liebert Cassidy Whitmore provides a summary of newly issued Executive Orders and other significant Presidential and federal actions that have a foreseeable impact on governance, compliance, and operational policies for California employers. The summaries below outline the key provisions of each action, along with our brief analysis of their potential implications for municipal agencies, school districts, private schools, and nonprofits.
UPDATE: Judge Permanently Blocks Two Memoranda Related to DEI Programs in Education
On August 14, 2025, U.S. District Judge Stephanie Gallagher blocked the Department of Education from enforcing two memos that conditioned funding on schools’ certification that they do not operate unlawful diversity, equity, and inclusion (DEI) programs.
The first memo, a Dear Colleague Letter issued on February 14, 2025, clarified the Department’s position that it is unlawful for educational institutions to consider race in nearly all aspects of academic and campus life. The letter also warned that schools that violate that obligation may lose federal funding. The second notice, dated April 3, 2025, stated that state education agencies and local education agencies must sign and return a certification to the Department certifying that they do not operate unlawful DEI programs in order to preserve their federal financial assistance.
The Trump administration has been prohibited from enforcing the memos since April, when three district courts issued temporary injunctions related to the memos.
In issuing a permanent injunction, Judge Gallagher reasoned that the Department did not issue either action in accordance with the procedural requirements of the Administrative Procedure Act. She also found that both actions run afoul of constitutional rights, in part because they risked constraining educators’ free speech rights in the classroom.
The ruling will not lead to immediate changes for schools or colleges, as the Department has not been enforcing the memos since April.
If you have any questions about the above linked Presidential actions, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento offices.