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Saturday, August 23, 2025

Don't Count on the Court

From Inside Higher Ed: The United States Supreme Court is allowing the National Institutes of Health to cut nearly $800 million in grants, though it left the door open for the researchers to seek relief elsewhere. In a 5-to-4 decision issued Thursday, the court paused a Massachusetts district court judge’s June decision to reinstate grants that were terminated because they didn’t align with the NIH’s new ideological priorities. Most of the canceled grants mentioned diversity, equity and inclusion goals; gender identity; COVID; and other topics the Trump administration has banned funding for. The district judge, in ruling against the administration, said he’d “never seen racial discrimination by the government like this.”

Justice Amy Coney Barrett wrote that the district court “likely lacked jurisdiction to hear challenges to the grant terminations, which belong in the Court of Federal Claims,” with which Justices Clarence Thomas, Samuel Alito Jr., Neil Gorsuch and Brett Kavanaugh agreed. "The reason is straightforward,” Kavanaugh wrote. “The core of plaintiffs’ suit alleges that the government unlawfully terminated their grants. That is a breach of contract claim. And under the Tucker Act, such claims must be brought in the Court of Federal Claims, not federal district court.” ...

Full story at https://www.insidehighered.com/news/government/science-research-policy/2025/08/21/scotus-says-nih-doesnt-have-restore-canceled.

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