The National Institutes of Health is deciding, per court agreements, whether to award or deny droves of grant applications that the agency previously either rejected or shelved. This funding was stalled last year amid the Trump administration’s blunt moves to restrict research into certain disfavored topics, such as diversity, equity and inclusion—though researchers and state attorneys general said officials shot down a greater range of projects, including ones that could save lives.
The NIH’s agreements, laid out in court filings in two ongoing lawsuits, are already bearing fruit. A spokesperson for the Massachusetts attorney general’s office, which is leading one of the cases, said the agreement in that suit promises decisions on more than 5,000 grants nationally. On Dec. 29, the date of the agreement, the NIH issued 528 grant decisions, 499 of which were approvals, the spokesperson said.
A spokesperson for the American Civil Liberties Union, which is leading the other case, said the agreement in that case involves about 400 grants. He said the NIH awarded at least 135 out of 146 applications in a batch of decisions on Dec. 29.
The filings set a series of dates by which the NIH agreed to decide on awarding or denying other types of grants. The last deadline is July 31.
The agreements are another example of the Trump administration reversing many of its sweeping cuts to research funding in response to litigation. Researchers and organizations filed suit after suit last year after the NIH and other federal funding agencies abruptly terminated previously awarded grants and sat on applications for new ones.
In a news release, the ACLU said the grants that the NIH will now decide on “address urgent public health issues, including HIV prevention, Alzheimer’s disease, LGBTQ+ health, and sexual violence.” ACLU of Massachusetts legal director Jessie Rossman said in the release that the NIH’s “unprecedented” and “unlawful” actions put “many scientists’ careers in limbo, including hundreds of members of the American Public Health Association and the UAW union.”
ACLU lawyers are among the attorneys representing those groups, Ibis Reproductive Health and individual researchers in a suit they filed in April against the NIH and the larger Health and Human Services Department for stalling and rejecting grant funding. Democratic state attorneys general filed a similar suit in the same court, the U.S. District Court of Massachusetts.
The agencies agreed to decide these grant applications in exchange for the plaintiffs dismissing some of their claims. The agencies didn’t admit wrongdoing.
In a news release, the Massachusetts attorney general’s office said the Trump administration “indefinitely withheld issuing final decisions on applications that had already received approval from the relevant review panels,” leaving the states that sued “awaiting decisions on billions of dollars.”
The release said that, for example, when the suit was filed in April, the University of Massachusetts “had 353 applications for NIH funding whose review had been delayed, signifying millions in potential grant funding that would aid in lifesaving medical research.” Massachusetts attorney general Andrea Joy Campbell said in a statement that “lifesaving studies related to Alzheimer’s disease, cancer, and other devastating illnesses were frozen indefinitely—stealing hope from countless families across the country and putting lives at risk.”
It’s unclear how much money the NIH may dole out in total. An HHS spokesperson told Inside Higher Ed that the “NIH cannot comment on the status of individual grant applications or deliberations.”
“The agency remains committed to supporting rigorous, evidence-based research that advances the health of all Americans,” the spokesperson said. HHS and the NIH didn’t provide interviews or further comment.
Meanwhile, a legal fight continues over grants that the NIH previously approved but later canceled.
Lingering Questions
In June, in these same two cases, U.S. District Judge William Young ordered the NIH to restore grants the agency had awarded but then—after Trump retook the White House—terminated midgrant.
Young, a Reagan appointee, criticized the federal government for not formally defining DEI, despite using that term to justify terminating grants. He said at a hearing that he’d “never seen racial discrimination by the government like this” during his four decades as a federal judge.
But, two months later, the U.S. Supreme Court, in a 5-to-4 preliminary decision, stayed Young’s ruling ordering restoration of the grants. Justice Amy Coney Barrett, a Trump appointee, wrote for the majority that Young “likely lacked jurisdiction to hear challenges to the grant terminations, which belong in the Court of Federal Claims.” However, STAT reported that the NIH had restored more than 2,000 terminated grants following Young’s ruling, and it didn’t reverse course after the Supreme Court decision.
That question of whether researchers with canceled grants must ultimately try their luck before the Court of Federal Claims is now before the U.S. First Circuit Court of Appeals. There’s a hearing Tuesday in that matter.
Questions linger about when the grant fight will really end. In a video interview with journalist Paul Thacker—released Wednesday and previously reported on by STAT—NIH director Jay Bhattacharya said that, despite the grant restorations, any grants dealing with DEI that come up for renewal this year won’t be funded. Bhattacharya distinguished between cutting a grant and not renewing it.
He said that, “as best I can understand the legal aspects,” the courts have said his agency can’t cut restored grants. “But, when it comes to renewal, those grants no longer meet NIH priorities … so when they come up for renewal over the course of the year, we won’t renew them,” he said.
Bhattacharya said the NIH’s DEI-related work “did not actually have any chance of improving the health of minority populations.” He said, “I think that the shift away from DEI is of a piece with the rest of what we’re trying to do at the NIH, which is to do research that actually makes the lives of people better.”
