The administration also turned its focus to copper imports, bird flu, and a proposed new path to American citizenship.

This week, President Trump signed several new executive orders related to healthcare costs, copper imports, and the Department of Government Efficiency (DOGE), among others. The administration also announced strategies for addressing the bird flu breakout as well as a plan for a $5 million “gold card” path to American citizenship. Late last week, a federal judge enjoined implementation of key portions of the administration’s diversity, equity, and inclusion (DEI) executive orders.

Latham lawyers are carefully monitoring the rollout of President Trump’s policy priorities through executive orders, agency actions, and installment of new personnel. Below is a high-level overview of these actions, broken down by topic, along with updates on related court challenges, personnel changes, and other breaking developments in their implementation.

Healthcare

In an executive order titled “Making America Healthy Again by Empowering Patients With Clear, Accurate, and Actionable Healthcare Pricing Information,” the administration directs the Secretaries of Treasury, Labor, and Health and Human Services to enforce the healthcare price transparency regulations issued pursuant to Executive Order 13877 (which was implemented in 2019, during the first Trump administration, and directed hospitals and health plans to take various actions to provide meaningful price information to the public).

Within 90 days of the executive order (May 26, 2025), the Secretaries are to: (1) require disclosures to include actual prices, rather than estimates, of items and services; (2) issue or propose regulatory action to ensure that the pricing information is standardized across hospitals and health plans; and (3) issue guidance or proposed regulatory action to ensure compliance with the executive order’s requirement that reporting reflect clear and accurate data.

Latham lawyers from the Healthcare & Life Sciences Industry Group discuss the regulatory and legislative considerations under the new Trump administration in this webcast.

National Security

Late last week, the White House released a memorandum titled “America First Investment Policy,” which directs department and agency heads to preserve an open investment environment (particularly for US allies), while protecting the US against predatory practices from adversaries. Although the memo introduces new approaches and initiatives, which we discuss in greater detail in this blog post, it does not appear to represent a major directional shift in national security priorities from prior administrations.

This week, the administration issued an executive order titled “Addressing the Threat to National Security From Imports of Copper” directing the Secretary of Commerce to initiate an investigation into the effects that copper imports (in all forms) have on national security. The Secretary is to consider various factors (laid out in 19 U.S.C. § 1862(d) and the executive order) relating to the domestic need for projected national defense requirements and growth in such industries. Other factors include the US’s ability to meet domestic need and the impact of trade policies and practices and foreign supply chains on the US’s ability to meet demand.

Within 270 days (November 22, 2025), the Secretary is to submit a report to President Trump including their findings on whether US dependence on copper imports imposes a threat to national security, recommendations on how to mitigate any threats (tariffs, export controls, etc.), and any policy recommendations for strengthening the US’s copper supply chain.

Federal Contracting and Spending

The administration issued an executive order titled “Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative” directing each agency head, with assistance from its DOGE team lead, to review within 30 days all existing “covered contracts and grants” to identify which can be terminated or modified (with exemptions for certain areas such as military, intelligence, and law enforcement).

The executive order also requires a review of each agency’s contracting policies, procedures, and personnel, which is to result in new guidance on signing or modifying contracts. Each agency head and DOGE lead is directed to build a centralized system to record every payment issued by that agency pursuant to its contracts and grants, along with a written justification for each payment. Once that system is in place, the agency head is to issue guidance requiring that, prior to an employee approving a payment under covered contracts and grants, they submit a brief, written justification. To the extent permissible by law, these written justifications are to be posted publicly.

The executive order also sets out plans for offloading federal property (including identification of all termination rights under existing leases of US government-owned real property).

For more detailed information on this executive order, see this blog post.

Status of Challenges

On February 25, 2025, the D.C. District Court in National Council of Nonprofits v. OMB et al. granted a preliminary injunction against the Office of Management and Budget (OMB), preventing the implementation of the OMB memorandum freezing federal financial assistance.

The Supreme Court paused a court-issued order from the D.C. District Court that would have required the administration to spend $2 billion in frozen federal aid as of midnight, February 28. The order does not resolve any of the issues underlying the case, but grants an “administrative stay” that gives the court some time to review the merits in the case.

A US District Court judge in San Francisco ruled that the mass firings of probationary federal employees were likely unlawful and ordered the Office of Personnel Management to rescind its directives that initiated the firings. A written order is expected later, and an evidentiary hearing is scheduled for March 13.

Banking and Finance

According to news reports, the Securities and Exchange Commission’s new Cyber and Emerging Technologies Unit (CETU) continues to drop investigations into cryptocurrency exchanges in an effort to reform the regulatory structure in the industry. (For more on this development, see our Week 5 in Review blog post and our related blog post on the SEC’s new Crypto Task Force.)

According to news reports, the Consumer Financial Protection Bureau (CFPB) issued a notice of voluntary dismissal in at least five major enforcement lawsuits, in a marked reversal from its aggressive approach during the previous administration. The announcement came as Jonathan McKernan, President Trump’s nominee to head the CFPB, testified before the Senate in a confirmation hearing on February 27.

Agriculture / Trade

US Department of Agriculture (USDA) Secretary Brooke Rollins announced, in an op-ed in the Wall Street Journal, a plan to combat the bird flu and, subsequently, lower the price of eggs. In the article, Secretary Rollins stated her intention to “repurpose” some of the funds from DOGE cuts to implement the scheme. Details of the plan include: (1) USDA inspectors will provide consulting at no cost to all commercial egg-laying chicken farms; (2) $400 million in federal aid will be provided to farmers affected by the bird flu; and (3) the USDA will explore the use of vaccines and other therapeutics.

With regard to egg prices, Secretary Rollins stated the Agriculture Department intends to “remove unnecessary regulatory burdens” such as California’s Proposition 12 (which sets a minimum space requirement for egg-laying hens) and explore temporary import options.

Civil Rights / DEI

US Attorney General Pam Bondi directed the Department of Justice’s Civil Rights Division to dismiss lawsuits against jurisdictions across the country involving the hiring of police officers and firefighters. These lawsuits, brought by the Biden administration, involved claims that the written tests used by these departments as part of the hiring process discriminated against Black applicants.

A February 25 press release stated that Attorney General Bondi issued letters to officials in California, Maine, and Minnesota “warning them to comply with federal antidiscrimination laws that require them to keep men out of women’s sports.”

Challenges to DEI Executive Orders

Late last week, a federal court in Maryland enjoined implementation of key portions of the two DEI executive orders. (For more on these orders, see our Week 2 in Review blog post and this related blog post.)

The preliminary injunction was issued in National Association of Diversity Officers in Higher Education et al. v. Trump following a hearing on plaintiffs’ motion for a temporary restraining order or preliminary injunction.

The preliminary injunction applies nationwide and enjoins the federal government from:

1. Pausing, blocking, terminating, or altering the terms of existing contracts or obligations pursuant to Section 2(b)(i) of the “Ending Radical and Wasteful Government DEI Programs and Preferencing” executive order — the section requiring agencies to terminate “equity-related” grants and contracts;
2. Requiring any grantee or contractor to make any “certification” or representations pursuant to Section 3(b)(iv) of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order — the section requiring federal contractors to certify they are in compliance with anti-discrimination laws and that this is material to the government’s contract for False Claims Act purposes; or
3. Taking enforcement actions, including but not limited to False Claims Act enforcement actions, pursuant to Section 4(b)(iii) of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order — which is the section directing agencies to develop a plan “to deter DEI programs or principles … that constitute illegal discrimination or preferences” including by identifying “up to nine” potential civil compliance investigations.

In an accompanying opinion, the court explained that the plaintiffs established a likelihood of success on their First and Fifth Amendment claims (i.e., that the challenged provisions constitute unconstitutional viewpoint discrimination and are unconstitutionally vague). The court did not address plaintiffs’ other claims related to separation of powers arguments.

Latham will continue to monitor developments with respect to the implementation of — and challenges to — the administration’s DEI-related initiatives.

Immigration

The administration reiterated its plans to sell $5 million “gold cards” to individuals seeking a path to American citizenship. According to news reports, during the February 26 Cabinet meeting, President Trump told reporters that “the people that can pay $5 million, they’re going to create jobs. They’re going to spend a lot of money on jobs. They’re going to have to pay taxes on that, too.”

During the meeting, Commerce Secretary Howard Lutnick compared the $5 million gold cards to the EB-5 visa program currently in place, which provides green card eligibility to foreign investors who either invest $1 million in a new business or $500,000 if that new business is in an economically depressed area and create a minimum of 10 new jobs.

We anticipate challenges to the president’s plan.

Personnel Changes

The following posts have been confirmed by the Senate: Jamieson Greer (US Trade Representative) and Daniel Driscoll (Secretary of the Army).

Hearings have been held, but confirmations have not been secured for:

• Bill Pulte (Director, Federal Housing Finance Agency)
• Jonathan McKernan (head of CFPB)
• Keith E. Sonderling (Deputy Secretary, Department of Labor)
• John Phelan (Secretary of the Navy)
• Jeffrey Kessler (Undersecretary for Industry and Security)
• Stephen Miran (Chairman, Council of Economic Advisors)
• Dan John Sauer (Solicitor General, DOJ)
• Harmeet Dhillon (Assistant Attorney General for the Civil Rights Division, DOJ)
• Aaron Reitz (Assistant Attorney General for the Office of Legal Policy, DOJ)
• Mark Meador (Commissioner, FTC)
• Dan Bishop (Deputy Director, OMB)
• Troy D. Edgar (Deputy Secretary, Department of Homeland Security)
• Stephen Feinberg (Deputy Secretary, Department of Defense)
• Michael J.K. Kratsios (Director, Office of Science and Technology Policy)