News & Analysis as of August 18, 2025

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

Fisher Phillips on 7/17/2025

The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2025

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

Pullman & Comley - School Law on 3/5/2025

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity. Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

This is Not a Drill: Trump Administration 'Dear Colleague' Letter Virtually Eliminates Consideration of Race in Higher Education

Venable LLP on 2/21/2025

On February 14, the U.S. Department of Education (ED) issued a new "Dear Colleague" letter to "clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance...more

U.S. Department of Education Releases Guidance on DEI Programs in Schools Receiving Federal Funds

Roetzel & Andress on 2/20/2025

The legality of Diversity, Equity and Inclusion (“DEI”) Programs has come under immense scrutiny beginning with the change in presidential administration. On January 21, 2025, President Trump issued executive order 14173...more

Organizations Receiving or Administering Federal Funds Should Prepare for Supreme Court’s Ruling on Using Race as a Plus Factor

Snell & Wilmer on 6/12/2023

The U.S. Supreme Court shortly will decide two cases, Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. and Students for fair Admissions Inc. v. University of...more

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