Disentangling Executive Orders: Legal Insights from Colorado Law Faculty

On March 18, the Getches-Wilkinson Center (GWC) partnered with the Byron White Center for Constitutional Law and the American Constitution Society to host a timely lunch panel exploring executive orders, their legal impact, and the role of the courts. With a wave of new executive orders issued in the early days of President Trump’s return to office—targeting everything from public lands and DEI programs to immigration policy—our panel aimed to unpack what these orders do, how they interact with existing law, and where legal challenges are already starting to take shape.

Moderated by GWC research assistant Catie Pursifull (2L), the panel featured three of Colorado Law’s own professors, each distinguished experts in their fields. Together the panelists addressed key questions including: what are the legal and constitutional limits of executive orders, and how do current orders compare with those from past administrations?

Chris Winter, GWC Director, discussed executive orders affecting environmental regulation and public lands. Drawing from his decades of litigation and policy work, Professor Winter examined the legal implications of proposed job cuts at the National Park Service and attempts to roll back protections for public lands—raising important questions about the limits of executive authority when it comes to Congressionally mandated environmental protections such as the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA).

Professor Deep Gulasekaram, Faculty Director of the Byron White Center, focused on immigration-related executive orders, including attempts to strip birthright citizenship and increase enforcement at the border. He explained the serious constitutional concerns at play—especially under the 14th Amendment—and highlighted how courts have historically responded when executive power collides with fundamental rights.

Professor Daria Roithmayr offered a critical perspective on the elimination of DEI initiatives in federal agencies and contracting. With her expertise in structural inequality, she explored how these orders may conflict with equal protection guarantees and federal anti-discrimination laws and emphasized the broader legal and societal implications of dismantling equity-based programs.

Plenty of litigation continues unraveling in the face of these executive orders - alongside memoranda, declarations and other executive actions. We are thankful for our faculty’s wisdom shedding light on how we should examine these orders with a critical eye going forward, and how different targets of orders may be more legally protected than others.

A big thank you to Annie Carlozzi (GWC Assistant Director) and Lindley Bell (Colorado Law Events Coordinator) for helping bring this event to life!