NIH Grant Terminations Upheld, For Now

On August 21, the Supreme Court ruled that the Trump Administration can once again terminate grants funded by the National Institutes of Health (NIH). A district court overturned the original terminations in June as part of a lawsuit brought by higher education and public health associations and 16 states; however, the Supreme Court found that the district court does not have jurisdiction over the terminations. Instead, the ruling states that plaintiffs must file suit in Federal Claims court in order to receive a final decision. A similar ruling was issued in August related to grants terminated by the National Science Foundation (NSF).  

While the ruling leaves federal funding of hundreds of grants in limbo, the Supreme Court ruling upheld the district court’s decision to vacate NIH guidance documents that said the agency would no longer fund research “related to DEI objectives, gender identity, or COVID-19” or “continue the practice of awarding grants to researchers based on race.”

Earlier in August, the Government Accountability Office (GAO) found that NIH’s grant terminations violated the Impoundment Control Act of 1974 by withholding Congressionally appropriated funds without the legal authority to do so.

This is a developing story. The Department of Health and Human Services’ (HHS) list of terminated grants is available here.