The Trump administration withdrew its request for a major higher education lawsuit when a federal judge blocked the government’s proposal to pay UCLA $1.2-billion for alleged human rights violations.
At Wednesday’s hearing in the 9th Circuit Court of Appeals, attorneys for the Department of Justice asked the justices to dismiss an appeal they filed last month seeking to overturn the lower court’s decision. The November ruling — a major victory for UC employees who had sued — halted the fine and issued a 27-page ruling detailing the administration’s demands to force the university to look ahead.
The proposal calls for major changes at UCLA — and by extension the entire UC system — including a ban on diversity-related courses, restrictions on international student enrollment, a declaration that transgender people do not exist, an end to health care that confirms the sex of children, restrictions on free speech and the nearly unrestricted sharing of employee data with the government.
The Trump administration sent the proposal and demand for payment to UC leaders on August 8, about 10 days after freezing $584 million in federal research funding. The government said it suspended the funds because UCLA violated the law by using race as an important factor in admissions, recognizing the gender of transgender people and not taking seriously complaints of opposition during the 2024 Palestinian protests.
UCLA said it follows the law on all of those things.
Official background
A number of UC faculty groups and unions sued to win the preliminary injunction; C is not a party to the crime. Officials said the system cannot afford the fine and are willing to negotiate with management.
The government’s decision to withdraw the appeal – less than a month after it was filed – does not mean that it is stopping the pursuit of reforms at the University of California, which is the largest public university program to face an investigation since the White House launched a campaign against campuses that it sees as relying too much on diversity, equity and inclusion programs, foreign students and left-wing ideas.
The UC employees’ case will continue to be heard in district court, where it is in the discovery process and could eventually go to trial.
The Justice Department, which typically does not comment on active cases, did not respond to The Times’ request.
UC Irvine law professor Veena Dubal, who is general counsel for plaintiff American Assn. of University Professors, celebrated this week’s progress.
“The Trump administration’s decision not to challenge this preliminary order means that in the future, they will not be able to use civil rights laws or federal funding as a way to get UC back on track,” Dubal said.
As part of the plea agreement, the administration filed a joint motion with Dubal’s clients in federal district court to overturn the November sentence. On Friday, US District Judge Rita F. Lin of the Northern District of California, who is presiding over the case, accepted the request.
Order changes
The amended order “does not prevent the voluntary settlement of human rights investigations and lawsuits” with the UC. The review also says the government cannot “force UC to agree to any terms” of the August settlement offer in violation of the First Amendment or the 10th Amendment when it comes to awarding, withholding or terminating federal grants.
The 1st Amendment protects free speech – an area where the Trump administration has faced court losses in its campaign against the DEI campus. The 10th Amendment states that powers not granted to the federal government by the Constitution are reserved to the states and the American people.
In a statement, UC spokeswoman Rachel Zaentz said the university “remains focused on our core mission of innovation, advancing medical excellence and strengthening national competitiveness for the long term.”
Zaentz, UC’s executive director of strategic and strategic communications, said he “remains committed to protecting the mission, governance and academic freedom of the university.”
The Justice Department’s move comes as the Trump administration continues to crack down on other universities. On Friday, the government sued Harvard in federal court, accusing it of refusing to provide records proving it did not use affirmative action.
The Trump administration has accused UCLA of violating civil rights by using race in its admissions process — allegations UC denies. Last month the administration moved to cooperate with a lawsuit brought by the anti-affirmative action group Do No Harm alleging UCLA’s David Geffen School of Medicine illegally considers race in its admissions process. In documents filed with the Central District of California, the Department of Justice alleges that UCLA’s medical school uses a “systematic pattern of discrimination” in admissions that favors black and Latino applicants over white and Asian Americans — charges UCLA denies.
