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Trump asks Supreme Court to permit firings on consumer safety board

Trump asks Supreme Court to permit firings on consumer safety board

Politico02-07-2025
Last month, a federal judge in Baltimore concluded that the firings were illegal and ordered the trio reinstated. On Tuesday, a panel of the 4th Circuit Court of Appeals turned down the Trump administration's request to proceed with the firings, prompting the new appeal to the Supreme Court.
In the high court appeal, Solicitor General John Sauer says actions by the three reinstated commissioners have demonstrated 'hostility to the President's agenda' by seeking to reverse decisions made following their firing. Boyle, Hoehn-Saric and Trumka have 'thrown the agency into chaos and have put agency staff in the untenable position of deciding which Commissioners' directives to follow,' Sauer wrote.
The main legal issue in the fight is the validity and scope of a 90-year-old Supreme Court case known as Humphrey's Executor that upheld Congress' power to limit the president's ability to remove officials at some federal agencies. The justices have narrowed the sweep of that precedent in recent years, relying on a legal theory of broad presidential power known as the 'unitary executive,' although they have not formally overturned the 1935 decision.
In May, over the objection of all the liberal justices, the high court granted Trump's emergency request to fire two Biden-appointed members of federal panels that handle labor issues, the National Labor Relations Board and the Merit Systems Protection Board.
The court's majority said the panels exercise 'considerable executive power,' which supported Trump's arguments that he could dismiss their members without cause.
Sauer argued that the district court and the 4th Circuit essentially defied the Supreme Court's ruling in the labor board cases and he urged the Supreme Court to end what he called a 'court-ordered take-over of the CPSC.'
The administration's request will go, at least initially, to Chief Justice John Roberts, who oversees emergency matters arising from the 4th Circuit.
In a filing submitted shortly after Sauer's request, lawyers for the board members Trump is trying to fire urged Roberts not to issue an administrative stay putting them out of office again, saying doing so 'would disrupt the status quo.'
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These college leaders are keeping the heat on in battle with Trump administration – despite settlements by prominent schools
These college leaders are keeping the heat on in battle with Trump administration – despite settlements by prominent schools

CNN

time9 minutes ago

  • CNN

These college leaders are keeping the heat on in battle with Trump administration – despite settlements by prominent schools

College is the place where many students entering adulthood find their voice. But when it comes to addressing the White House's ongoing battle with elite higher education, many institutional leaders seem to have lost theirs. 'I don't know how many calls you have to make to get one (university) president to call you back,' President Michael S. Roth of Wesleyan University told CNN. 'The fact that I can, you know, name the people and count them on my hand, it's clearly an effort to keep one's head down and hope that your school will not suffer.' Roth is one of relatively few top university leaders who still openly criticizes the Trump administration for its monthslong campaign to pull funding from schools that don't toe its line on a host of issues, from diversity programs to transgender athletes and pro-Palestinian protests. While most students and professors were away from campus over the summer, the administration spent the season racking up wins against many of its top targets, with settlements from major universities that have promised a combination of fines, donations and policy commitments in line with Trump priorities. 'It's so much worse, I think, than I anticipated,' said Danielle Holley, president of Mount Holyoke College and another outspoken Trump critic who began warning about threats from the administration before Inauguration Day. Only Harvard University has taken on the White House directly in court, although the school has quietly pursued settlement possibilities on the side, a source familiar with the discussions told CNN. For those who have stayed on offense publicly, it's an increasingly lonely fight. 'There's no doubt about it that the severe tactics being used by our federal government are being highly effective,' acknowledged Holley, a civil rights attorney who became the leader of Mount Holyoke, the small central Massachusetts liberal arts college, in 2023. President Trump has made dismantling diversity, equity and inclusion programs – known as DEI – a top priority in his second term, focusing especially on transgender athletes in sports. 'Institutions of higher education have adopted and actively use dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called 'diversity, equity, and inclusion (DEI),'' stated an executive order President Trump signed on his second day in office. In a speech to a joint session of Congress, Trump called DEI 'tyranny.' The administration's first major college settlement this year was with the University of Pennsylvania, whose swimming program became a lightning rod after Lia Thomas, a transgender athlete who had previously competed on the men's team, set several women's records in 2022 on her way to dominating the Ivy League championship. 'We acknowledge that some student-athletes were disadvantaged by these rules,' UPenn President Larry Jameson said in a statement on July 1 announcing the agreement. 'We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.' That apology was worth $175 million to the university, as the White House released federal funding frozen three months earlier. While many universities have reconfigured, renamed, or scrubbed entirely any DEI references from their materials, Mount Holyoke – with just over 2,000 students – still has a dedicated DEI page on its website. 'Diversity, equity and inclusion efforts extend beyond specific departments and are embedded in all areas of the College,' the page states. Holley says continuing to speak out against the government's efforts to curtail DEI is not a matter of obstinance – but is critical to the mission of the 188-year-old college, one of the historic 'Seven Sisters,' and the first of that group to accept transgender students. 'At Mount Holyoke, we are a women's college, and because of that, we are built on diversity, equity and inclusion,' said Holley. Since the University of Pennsylvania's settlement, the deals between universities and the government have gotten more costly and the institutions more prominent. Columbia University signed a landmark $221 million settlement agreement with the administration last month to regain access to its federal grants. Acting President Claire Shipman acknowledged the pressure they faced at the loss of so much money but bristled at the idea that Columbia was surrendering to government intimidation. 'I actually think that the narrative that paints this as a kind of binary situation – courage versus capitulation – is just wrong. It's too simplistic,' Shipman told CNN Kate Bolduan on July 24. 'This was a really, really complex problem.' 'We could have faced the loss of any future relationship in the coming years with the federal government,' added Shipman, 'and that would have effectively meant an end to the research mission we conduct as we know it.' The Columbia deal includes an 'independent monitor' to resolve any ongoing disputes with the government over admissions and hiring, an idea that distresses Holley at Mount Holyoke. 'The idea that an American university would have a government monitor, not related to what they have been found to be in violation of, but related to their academic departments and the way that they hire people,' said Holley, 'I think everyone in the United States should be deeply concerned with the idea that our federal government is attempting to run private universities and attempting to tell those universities who to hire; what they should be teaching in their classrooms.' One week after the administration's deal with Columbia, Brown University, another elite Ivy League school, signed its own settlement with the government that included a ban on 'unlawful DEI goals' and banned transgender women from women's housing. The university also pledged $50 million to workforce development groups in Rhode Island, where Brown is located. 'The Trump Administration is successfully reversing the decades-long woke-capture of our nation's higher education institutions,' Education Secretary Linda McMahon said in a statement announcing the deal. 'Woke is officially DEAD at Brown,' President Trump crowed on social media. As the flurry of legal agreements in the past month has made clear, institutions of higher education are not going to hang together in a unified defense against the government's demands. While he continues to speak strongly against the administration, Roth says he understands why other college leaders would cut their own deals. 'The fear I think many schools have is that the federal government is willing to not obey the laws as anyone has understood them before, and so the lawless federal government is very frightening,' said Roth. 'If someone pays a ransom to get their kid back from a kidnapper, I don't criticize the parents for making a deal,' he added. 'It's the kidnappers that deserve our criticism.' The Trump administration has been fighting a two-pronged civil rights battle against colleges and universities – demanding an end to DEI programs that the government says are discriminatory while also accusing several institutions of antisemitism in their handling of pro-Palestinian protests on campus in 2024. In court filings involving Harvard, one of the last major holdouts, the Department of Education has pointed to the university's own report on antisemitism to claim the school ignored rampant discrimination against Jewish students and faculty members. 'Protestors followed and verbally harassed some Jewish students, vandalized Harvard's campus, and posted swastika stickers near Harvard Hillel's Rosovsky Hall,' a government brief says, citing Harvard's investigation. The university also released a report on discrimination against Palestinians and Muslims on campus – an issue not mentioned in the Department of Education's complaints. The Trump administration says Harvard has been talking to them behind the scenes about finding a way out of their legal standoff, which includes a second lawsuit in response to the administration's attempt to cancel Harvard's international student program, a move a court indefinitely put on hold in June. 'We're still in negotiations,' McMahon told Fox News last week. 'We are closer than we were. We are not there yet.' But Harvard President Alan Garber has told faculty that retaining its academic freedom without government-monitored 'intellectual diversity' – a major sticking point in early dealings with the administration – remains nonnegotiable, according to the student-run Harvard Crimson newspaper. 'Neither Harvard nor any other private university can allow itself to be taken over by the federal government,' Garber wrote in April when the school first filed suit against the government over more than $2 billion in frozen research funding. The fight continues to be costly for Harvard. A federal judge has not yet decided whether to order the government to turn the money spigot back on, causing budgetary pressure that prompted Garber to take a voluntary 25% pay cut. The administration's intense pressure on higher education programs and students has not been met with complete silence. An open letter signed by more than 600 college presidents in April called Trump's actions 'unprecedented government overreach.' 'We are open to constructive reform and do not oppose legitimate government oversight,' said the letter. 'However, we must oppose undue government intrusion in the lives of those who learn, live, and work on our campuses.' But Roth, one of the presidents who signed the letter, doesn't believe putting out one statement is enough. 'I was glad that they did, but I don't see many people sounding the alarm that this is an assault on the integrity of one of the most successful systems in America, the higher education system,' Roth said. Although not as prominent as Harvard or Columbia, Mount Holyoke is classified by the Carnegie Foundation as a research institution with a billion-dollar endowment, and Holley says its focus on women's issues has been a double whammy for its funding. 'If you are a researcher in this country, doing work on women's health, or doing work on women in STEM (Science, Technology, Engineering and Math), doing work on women in leadership, any research that has to do with women is being caught up in those government searches and is being canceled,' she said. 'When one of our research grants was cut, the wording from the federal government was that this kind of work related to gender is not beneficial and not scientific.' But the cuts have not only come from the Trump administration, according to Holley. She said some private funding sources are also stepping back and cutting grants because they are afraid to associate themselves with a school that might run afoul of the president. 'I would say that the estimate is about $2 million (in lost research funding), and that's both cancelations from the federal government directly and cancelations from private funders who fear what the federal government might do,' Holley said. At Wesleyan University – an institution in Middletown, Connecticut, with about 3,000 students – responding to the administration's policies and executive orders has meant reconfiguring some DEI programs. A summer camp program aimed at middle school girls in Middletown who were interested in STEM studies is now open to boys, as well. 'The fact is that girls weren't signing up for STEM as much as boys, so that's why we had that program,' said Roth. 'But it seemed to some boys – big boys, I guess – to be reverse discrimination.' With many other schools eliminating DEI programs or making them all but invisible, Holley believes that the quick moves to roll back those commitments, even without an immediate and direct legal threat, says as much about the schools as it does about the government. 'I think it is a representation of the fact that many organizations maybe did not believe in these principles as strongly as they said that they did, and the government has provided them with an out,' she said. After encountering limited pushback from its Ivy League targets, the Trump administration is moving on to public institutions, starting with freezing hundreds of millions of dollars in funding to the University of California, Los Angeles. UCLA is now actively negotiating with the Trump administration over a possible settlement. A government draft proposal would have the university pay $1 billion dollars, CNN has learned. 'There is a possibility that this administration, once they are done kind of dealing with Harvard and some of the larger institutions that they may begin to turn to the small liberal arts colleges,' said Holley. Despite the millions of dollars at stake in a fight with an administration flush with recent victories, Holley insists her criticism won't be muted. 'My mom was raised in the Jim Crow South, you know, both of my parents survived the Jim Crow era in this country, and I'm a student of the civil rights movement,' Holley said. 'In these moments, I would never think of not speaking up.'

‘The courts are helpless': Inside the Trump administration's steady erosion of judicial power
‘The courts are helpless': Inside the Trump administration's steady erosion of judicial power

Yahoo

time31 minutes ago

  • Yahoo

‘The courts are helpless': Inside the Trump administration's steady erosion of judicial power

Six months into Donald Trump's second term, his administration is at war with the federal judiciary, evading court orders blocking its agenda, suing judges for alleged misconduct, and veering toward what multiple current and former federal judges say could be a constitutional crisis. The administration this summer sued the entire federal district court in Maryland after its chief judge temporarily blocked immigration removals. It also filed a judicial misconduct complaint recently against the chief judge of the powerful DC District Court, James 'Jeb' Boasberg, over comments he reportedly made in private to Supreme Court Chief Justice John Roberts in March. The standoff is unlikely to end anytime soon. On Friday, an appeals court ruled that Boasberg cannot move ahead in his effort to hold Trump administration officials in contempt for misleading him in a fast-moving case in which migrant detainees were handed over to a Salvadoran prison. As Trump-appointed judges across the country continue to deliver the administration wins, the federal judiciary's ability to be a check on the executive branch has slowly been diminished. 'They are trying to intimidate, threaten and just run over the courts in ways that we have never seen,' said one retired federal judge, who, like about a half-dozen other former and current judges, spoke to CNN anonymously given the climate of harassment the Trump administration has created and the tradition of jurists not to comment publicly on politics and ongoing disputes. How judges counter The courts have tools to fight back — a lawyer in a courtroom who refuses a direct order or lies could be held in contempt on the spot. Judges also have the power to demand witness testimony and documents. They may also commission independent investigations and can make a criminal referral or levy civil penalties, like fines. But so far, many judges have hesitated to move too quickly to levy sanctions or other punishments aimed at the Trump administration. 'The truth is we are at the mercy of the executive branch,' said one former federal appellate judge, adding that courts have fewer enforcement mechanisms than the White House, such as law enforcement and prosecutorial power. Sanctions situations also typically escalate slowly, and appeal opportunities for the Justice Department are ample and can take years. 'At the end of the day, courts are helpless,' the former judge added. Some judges, like Boasberg in Washington, DC, and Judge Paula Xinis in Maryland, have already analyzed how they could respond to disobedience by moving toward sanctions or contempt proceedings for members of the Trump administration. In both judges' courts, the administration has delayed following judicial orders when detainees were sent to a prison in El Salvador without the proper due process. Courts also move slowly at times. In one Maryland case on Friday, lawyers for a Venezuelan man sent to El Salvador by the Trump administration told a judge they are still looking at whether they'll ask the court to hold the administration in contempt. The administration actions happened in March. 'The more egregious the contemptible behavior, the more speedy the judge will probably move, and the heavier weapons they'll use,' said another former federal judge, who sat on a trial-level district court bench. 'Courts in general will see they need to move with speed and sharpness on this, if they're going to get to the bottom of what happened,' the former judge added. Trump gets help from his appointees In some situations, Trump-appointed judges have slowed or stopped direct conflict between the administration and judges. The Supreme Court, with its conservative majority, this year signed off in Trump's favor on most emergency disputes over the use of his powers to reshape the federal government, undercutting standoffs. But Trump's appointees to the federal bench haven't unilaterally refrained from questioning the executive's approach. For instance, in a case over the Trump administration stopping the payout of grant programs, a judge in Rhode Island on Friday chastised the Department of Housing and Urban Development for 'inaction' as potentially a 'serious violation of the Court's order.' Nonprofit groups that received grants for affordable housing for low-income senior citizens had reported the administration hadn't paid out $760 million in grants the court said it must months ago. The judge, the Trump-appointee Mary McElroy in the Rhode Island US District Court, responded, 'At risk of understatement, that is serious,' then invited the Trump administration to 'explain itself.' In Boasberg's immigration case on Friday, a divided DC Circuit Court of Appeals with two Trump appointees in the majority ended a contempt proceeding that began three and a half months ago. The hold that had been over the case and the decision Friday have hurt Boasberg's ability to gather evidence of suspected disobedience of Trump administration officials toward the court. Judge Greg Katsas of the DC Circuit, a Trump appointee, wrote that stopping the criminal contempt proceeding could help defuse a long and messy standoff between the judiciary and the Trump administration. Boasberg has already signaled some of his other options. 'This Court will follow up,' he said at a hearing in late July, noting recent whistleblower revelations about Justice Department leadership's approach to the case. 'In addition, whether or not I am ultimately permitted to go forward with the contempt proceedings, I will certainly be assessing whether government counsel's conduct and veracity to the Court warrant a referral to state bars or our grievance committee which determines lawyers' fitness to practice in our court,' the judge added in July. In late June, a whistleblower publicly accused then-top Trump Justice Department official Emil Bove of telling attorneys they may need to ignore court orders like Boasberg's and 'consider telling the courts 'f*** you,'' the whistleblower wrote to Congress. Since then, Bove, a former defense attorney to Trump personally, was confirmed by the Republican-held Senate to become a judge himself. He now sits on the 3rd Circuit federal appeals court overseeing Pennsylvania, New Jersey and Delaware. Bove told the Senate he couldn't recall whether he made the comments about ignoring the courts. Complaints Boasberg has been one of the judges who's been most criticized publicly by Trump and others in the president's top circle. Boasberg decided in mid-March the administration couldn't send detainees to El Salvador under a war-time act without due process and told the government to turn the airplanes around and bring the detainees back into US custody. In July, the Justice Department formally complained about Boasberg to the appeals court above him, accusing him of judicial misconduct. That complaint emerged after the conservative website the Federalist reported on comments Boasberg made at a private, annual meeting for leaders in the judicial branch — an incident separate from the immigration case he's handled. Boasberg and about a dozen other federal judges from around the country had an informal breakfast meeting with Roberts in early March, CNN has confirmed. When Roberts asked the judges to share what was concerning their jurisdictions, Boasberg said the judges of the trial-level court in Washington, DC, over which he presides, had concerns the Trump administration might ignore court orders, and that would cause a constitutional crisis. Roberts responded without indicating his thoughts, a person familiar with the meeting told CNN. A Supreme Court spokesperson didn't respond to a request for comment. 'Judge Boasberg attempted to improperly influence Chief Justice Roberts,' said the Justice Department's complaint about the judge, sent to the chief of the appellate court above him. The administration maintains it never intentionally violated his orders in the immigration case, and that after Boasberg spoke to Roberts at the judicial conference, he 'began acting on his preconceived belief that the Trump Administration would not follow court orders,' a reference to the immigration case proceeding. Fears of a constitutional crisis Steve Vladeck, Georgetown University law professor and CNN legal analyst, called the DOJ's complaint against Boasberg preposterous in a recent analysis he wrote on Substack. Vladeck said that while the complaint is likely to be dismissed when a court reviews it — just as most misconduct complaints against judges are resolved — the Trump administration's approach may have been intended more to intimidate other federal judges and play to the president's base. 'None of these developments,' including the Boasberg complaint, 'are a constitutional crisis unto themselves,' Vladeck told CNN. 'But they all reflect efforts to undermine the power and prestige of the federal courts for if and when that day comes.' 'The problem is that too many people are waiting for a crossing-the-Rubicon moment, when what we've seen to date is the Trump administration finding lots of other ways to try to sneak into Rome,' Vladeck added. However, several of the former and current judges who spoke to CNN thought the courts aren't yet facing a full-blown constitutional crisis. 'We're in the incipient stages of a constitutional crisis. We're in the early stages,' one federal judge told CNN recently. 'We've all been talking about it since the moment [Trump's] been elected — that the administration could defy federal court orders.' A full constitutional crisis, this judge said, would emerge if the administration disregarded Supreme Court orders. That hasn't happened yet, and attorneys from the Justice Department are still engaging in many proceedings by meeting their deadlines and arguing in earnest at court hearings. J. Harvie Wilkinson III, a long-serving, conservative judge appointed by Ronald Reagan on the 4th Circuit US Court of Appeals, pointed to presidential history in a recent opinion telling the Trump administration to follow court orders to facilitate the return of a Maryland immigrant, Kilmar Abrego Garcia, after he was mistakenly sent to El Salvador. Wilkinson wrote about President Dwight Eisenhower being willing to carry out the desegregation of schools following the Supreme Court decision in Brown v. Board of Education. 'The branches come too close to grinding irrevocably against one another in a conflict that promises to diminish both,' Wilkinson wrote. 'The Executive may succeed for a time in weakening the courts, but over time history will script the tragic gap between what was and all that might have been, and law in time with sign its epitaph.' Suing the bench Some of the Trump administration's unusual attacks of the judiciary are still testing how far they could go. The DOJ filed its complaint as the judges were gathering at the 4th Circuit's conference in Charlotte, North Carolina, in late June. The judges from Maryland, North Carolina, South Carolina, Virginia and West Virginia were shocked when they heard of the lawsuit naming all Maryland federal district judges all as defendants, and the district court realized the need to swiftly hire a lawyer to defend them, people familiar with the response told CNN. The Justice Department has said it sued as a way to rein in judicial overreach. Defense attorney Paul Clement, on behalf of the Maryland judges, called the lawsuit 'truly extraordinary' and 'fundamentally incompatible with the separation of powers.' Eleven former federal judges from various circuits, including some appointed by Republican presidents, warned in their own amicus brief in the case that if the Trump administration is allowed to carry its approach through 'to its logical conclusion,' it would 'run roughshod over any effort by the judiciary to preserve its jurisdiction that frustrates the Executive's prerogatives. … That result would be devastating to the efficacy of the Nation's courts.'

These college leaders are keeping the heat on in battle with Trump administration – despite settlements by prominent schools
These college leaders are keeping the heat on in battle with Trump administration – despite settlements by prominent schools

CNN

time33 minutes ago

  • CNN

These college leaders are keeping the heat on in battle with Trump administration – despite settlements by prominent schools

College is the place where many students entering adulthood find their voice. But when it comes to addressing the White House's ongoing battle with elite higher education, many institutional leaders seem to have lost theirs. 'I don't know how many calls you have to make to get one (university) president to call you back,' President Michael S. Roth of Wesleyan University told CNN. 'The fact that I can, you know, name the people and count them on my hand, it's clearly an effort to keep one's head down and hope that your school will not suffer.' Roth is one of relatively few top university leaders who still openly criticizes the Trump administration for its monthslong campaign to pull funding from schools that don't toe its line on a host of issues, from diversity programs to transgender athletes and pro-Palestinian protests. While most students and professors were away from campus over the summer, the administration spent the season racking up wins against many of its top targets, with settlements from major universities that have promised a combination of fines, donations and policy commitments in line with Trump priorities. 'It's so much worse, I think, than I anticipated,' said Danielle Holley, president of Mount Holyoke College and another outspoken Trump critic who began warning about threats from the administration before Inauguration Day. Only Harvard University has taken on the White House directly in court, although the school has quietly pursued settlement possibilities on the side, a source familiar with the discussions told CNN. For those who have stayed on offense publicly, it's an increasingly lonely fight. 'There's no doubt about it that the severe tactics being used by our federal government are being highly effective,' acknowledged Holley, a civil rights attorney who became the leader of Mount Holyoke, the small central Massachusetts liberal arts college, in 2023. President Trump has made dismantling diversity, equity and inclusion programs – known as DEI – a top priority in his second term, focusing especially on transgender athletes in sports. 'Institutions of higher education have adopted and actively use dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called 'diversity, equity, and inclusion (DEI),'' stated an executive order President Trump signed on his second day in office. In a speech to a joint session of Congress, Trump called DEI 'tyranny.' The administration's first major college settlement this year was with the University of Pennsylvania, whose swimming program became a lightning rod after Lia Thomas, a transgender athlete who had previously competed on the men's team, set several women's records in 2022 on her way to dominating the Ivy League championship. 'We acknowledge that some student-athletes were disadvantaged by these rules,' UPenn President Larry Jameson said in a statement on July 1 announcing the agreement. 'We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.' That apology was worth $175 million to the university, as the White House released federal funding frozen three months earlier. While many universities have reconfigured, renamed, or scrubbed entirely any DEI references from their materials, Mount Holyoke – with just over 2,000 students – still has a dedicated DEI page on its website. 'Diversity, equity and inclusion efforts extend beyond specific departments and are embedded in all areas of the College,' the page states. Holley says continuing to speak out against the government's efforts to curtail DEI is not a matter of obstinance – but is critical to the mission of the 188-year-old college, one of the historic 'Seven Sisters,' and the first of that group to accept transgender students. 'At Mount Holyoke, we are a women's college, and because of that, we are built on diversity, equity and inclusion,' said Holley. Since the University of Pennsylvania's settlement, the deals between universities and the government have gotten more costly and the institutions more prominent. Columbia University signed a landmark $221 million settlement agreement with the administration last month to regain access to its federal grants. Acting President Claire Shipman acknowledged the pressure they faced at the loss of so much money but bristled at the idea that Columbia was surrendering to government intimidation. 'I actually think that the narrative that paints this as a kind of binary situation – courage versus capitulation – is just wrong. It's too simplistic,' Shipman told CNN Kate Bolduan on July 24. 'This was a really, really complex problem.' 'We could have faced the loss of any future relationship in the coming years with the federal government,' added Shipman, 'and that would have effectively meant an end to the research mission we conduct as we know it.' The Columbia deal includes an 'independent monitor' to resolve any ongoing disputes with the government over admissions and hiring, an idea that distresses Holley at Mount Holyoke. 'The idea that an American university would have a government monitor, not related to what they have been found to be in violation of, but related to their academic departments and the way that they hire people,' said Holley, 'I think everyone in the United States should be deeply concerned with the idea that our federal government is attempting to run private universities and attempting to tell those universities who to hire; what they should be teaching in their classrooms.' One week after the administration's deal with Columbia, Brown University, another elite Ivy League school, signed its own settlement with the government that included a ban on 'unlawful DEI goals' and banned transgender women from women's housing. The university also pledged $50 million to workforce development groups in Rhode Island, where Brown is located. 'The Trump Administration is successfully reversing the decades-long woke-capture of our nation's higher education institutions,' Education Secretary Linda McMahon said in a statement announcing the deal. 'Woke is officially DEAD at Brown,' President Trump crowed on social media. As the flurry of legal agreements in the past month has made clear, institutions of higher education are not going to hang together in a unified defense against the government's demands. While he continues to speak strongly against the administration, Roth says he understands why other college leaders would cut their own deals. 'The fear I think many schools have is that the federal government is willing to not obey the laws as anyone has understood them before, and so the lawless federal government is very frightening,' said Roth. 'If someone pays a ransom to get their kid back from a kidnapper, I don't criticize the parents for making a deal,' he added. 'It's the kidnappers that deserve our criticism.' The Trump administration has been fighting a two-pronged civil rights battle against colleges and universities – demanding an end to DEI programs that the government says are discriminatory while also accusing several institutions of antisemitism in their handling of pro-Palestinian protests on campus in 2024. In court filings involving Harvard, one of the last major holdouts, the Department of Education has pointed to the university's own report on antisemitism to claim the school ignored rampant discrimination against Jewish students and faculty members. 'Protestors followed and verbally harassed some Jewish students, vandalized Harvard's campus, and posted swastika stickers near Harvard Hillel's Rosovsky Hall,' a government brief says, citing Harvard's investigation. The university also released a report on discrimination against Palestinians and Muslims on campus – an issue not mentioned in the Department of Education's complaints. The Trump administration says Harvard has been talking to them behind the scenes about finding a way out of their legal standoff, which includes a second lawsuit in response to the administration's attempt to cancel Harvard's international student program, a move a court indefinitely put on hold in June. 'We're still in negotiations,' McMahon told Fox News last week. 'We are closer than we were. We are not there yet.' But Harvard President Alan Garber has told faculty that retaining its academic freedom without government-monitored 'intellectual diversity' – a major sticking point in early dealings with the administration – remains nonnegotiable, according to the student-run Harvard Crimson newspaper. 'Neither Harvard nor any other private university can allow itself to be taken over by the federal government,' Garber wrote in April when the school first filed suit against the government over more than $2 billion in frozen research funding. The fight continues to be costly for Harvard. A federal judge has not yet decided whether to order the government to turn the money spigot back on, causing budgetary pressure that prompted Garber to take a voluntary 25% pay cut. The administration's intense pressure on higher education programs and students has not been met with complete silence. An open letter signed by more than 600 college presidents in April called Trump's actions 'unprecedented government overreach.' 'We are open to constructive reform and do not oppose legitimate government oversight,' said the letter. 'However, we must oppose undue government intrusion in the lives of those who learn, live, and work on our campuses.' But Roth, one of the presidents who signed the letter, doesn't believe putting out one statement is enough. 'I was glad that they did, but I don't see many people sounding the alarm that this is an assault on the integrity of one of the most successful systems in America, the higher education system,' Roth said. Although not as prominent as Harvard or Columbia, Mount Holyoke is classified by the Carnegie Foundation as a research institution with a billion-dollar endowment, and Holley says its focus on women's issues has been a double whammy for its funding. 'If you are a researcher in this country, doing work on women's health, or doing work on women in STEM (Science, Technology, Engineering and Math), doing work on women in leadership, any research that has to do with women is being caught up in those government searches and is being canceled,' she said. 'When one of our research grants was cut, the wording from the federal government was that this kind of work related to gender is not beneficial and not scientific.' But the cuts have not only come from the Trump administration, according to Holley. She said some private funding sources are also stepping back and cutting grants because they are afraid to associate themselves with a school that might run afoul of the president. 'I would say that the estimate is about $2 million (in lost research funding), and that's both cancelations from the federal government directly and cancelations from private funders who fear what the federal government might do,' Holley said. At Wesleyan University – an institution in Middletown, Connecticut, with about 3,000 students – responding to the administration's policies and executive orders has meant reconfiguring some DEI programs. A summer camp program aimed at middle school girls in Middletown who were interested in STEM studies is now open to boys, as well. 'The fact is that girls weren't signing up for STEM as much as boys, so that's why we had that program,' said Roth. 'But it seemed to some boys – big boys, I guess – to be reverse discrimination.' With many other schools eliminating DEI programs or making them all but invisible, Holley believes that the quick moves to roll back those commitments, even without an immediate and direct legal threat, says as much about the schools as it does about the government. 'I think it is a representation of the fact that many organizations maybe did not believe in these principles as strongly as they said that they did, and the government has provided them with an out,' she said. After encountering limited pushback from its Ivy League targets, the Trump administration is moving on to public institutions, starting with freezing hundreds of millions of dollars in funding to the University of California, Los Angeles. UCLA is now actively negotiating with the Trump administration over a possible settlement. A government draft proposal would have the university pay $1 billion dollars, CNN has learned. 'There is a possibility that this administration, once they are done kind of dealing with Harvard and some of the larger institutions that they may begin to turn to the small liberal arts colleges,' said Holley. Despite the millions of dollars at stake in a fight with an administration flush with recent victories, Holley insists her criticism won't be muted. 'My mom was raised in the Jim Crow South, you know, both of my parents survived the Jim Crow era in this country, and I'm a student of the civil rights movement,' Holley said. 'In these moments, I would never think of not speaking up.'

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