We got great news yesterday: In a suit we brought with Democracy Forward, the AFT, and other allies in the labor movement, a district court in Massachusetts issued a preliminary injunction halting the Trump administration’s unlawful effort to dismantle the Department of Education.
The massive reduction in force proposed by the administration would decimate crucial services the department provides to families across the country, severely limit access to education, and eviscerate funding for HBCUs and tribal colleges.
Here’s some background on the case. In March, after having repeatedly expressed a desire to eliminate the Department of Education, the Trump administration announced a reduction in force that would cut its staff in half. Recognizing that the department was created by an act of Congress and was mandated to carry out a number of statutorily required programs, the administration claimed that it was not trying to eliminate the department but rather was seeking to improve “efficiency” and “accountability.”
The court definitively rejected this claim, saying that the “defendants’ true intention is to effectively dismantle the Department without an authorizing statute. . . . A department without enough employees to perform statutorily mandated functions is not a department at all. This court cannot be asked to cover its eyes while the Department’s employees are continuously fired and units are transferred out until the Department becomes a shell of itself.”
The court also highlighted the impact of the cuts on students, educational institutions, and unions. For example, the court found that “higher education is also likely to become more expensive for students” as the staffing cuts “will put federal funding for Pell grants, work-study programs and subsidized loans at risk, reducing the pool of students able to attend college and posing an existential threat to many state university systems such as those intended to serve first generation college students.”
The court found that the administration had violated two clauses of the US Constitution, and that its actions were beyond its authority as well as arbitrary and capricious. Therefore, the court issued a preliminary injunction requiring the department to reinstate staff and resume operations disrupted by the cuts.
Perhaps because of skepticism about the administration’s willingness to follow directives of the judiciary, the court specifically required that the administration provide notice of this order of preliminary injunction within twenty-four hours to all its officers, and that it “file a status report with this Court within 72 hours of the entry of this Order, describing all steps the Agency Defendants have taken to comply with this Order, and every week thereafter until the Department is restored to the status quo prior to January 20, 2025.”
What’s next: It is almost certain that the administration will appeal this decision and will likely seek to have the preliminary injunction stayed by the court of appeals while the case is pending.
Trump’s agenda is a clear path to setting America back in quality and fairness in education. The AAUP will continue to stand up against these attacks and fight for a higher education system that serves all Americans. We can’t do it without you.
The U.S. Department of Education’s Office for Civil Rights has paused the majority of its investigations, according to a new report from ProPublica, and shifted focus to new cases related to gender-neutral bathrooms, trans women athletes and alleged antisemitism and discrimination against white students.
Those cases, in contrast with most historically taken on by OCR, were not launched in response to student complaints, but rather as a result of direct orders from President Donald Trump’s administration. OCR employees told ProPublica that they have been instructed to cancel meetings related to cases opened prior to Trump taking office and to avoid communicating with students, families and institutions involved in those cases.
One OCR employee who spoke to ProPublica under the condition of anonymity said many of the cases they have been asked to stop investigating are urgent.
“Many of these students are in crisis,” the employee said. “They are counting on some kind of intervention to get that student back in school and graduate or get accommodations.”
About 12,000 complaints were under investigation at the end of former president Joe Biden’s term, including 6,000 related to discrimination against students with disabilities, 3,200 related to racial discrimination and 1,000 related to sexual assault or harassment, ProPublica’s analysis of OCR data found.
Orders to freeze travel, meetings, communications and hiring at the National Institutes of Health—and all other agencies within the Department of Health and Human Services—has some federally funded researchers on edge just days into President Donald Trump’s second term.
Scholars say they’ve received emails canceling key meetings that determine which research projects to fund and they’re worried about how those and other disruptions could stall the billions of dollars in NIH-funded projects universities oversee.
“I suspect that folks outside the sciences don’t understand just how disruptive even a short delay in funding decisions can be,” Adam Forte, an associate professor of geology at Louisiana State University who runs his own lab, posted on BlueSky Thursday alongside numerous other concerned scholars. “This is how we lose huge amounts of scientific capacity, scientific capacity we as a collective have already invested huge amounts of time and money in, just lighting it on fire to watch the flames.”
If they leave, it’s not like there is much chance they’re coming back to that, or a similar position. That expertise is just gone as they are forced to move onto something else to pay the bills. A spectacular waste from a “short” delay in the machinery that funds science. 5/6
Some research policy experts say a pause is typical for the initial days of a new administration and that it’s too soon to tell whether this week’s order is a cause for concern. Others, however, are interpreting it as part of a larger message from Trump, who has repeatedly undermined scientific findings about COVID-19 and climate change and nominated Robert F. Kennedy Jr., who falsely claims there are no safe or effective vaccines, to lead the HHS.
While Kennedy, who previously vowed to enact mass layoffs at the NIH, and Trump’s other cabinet nominees await Senate confirmation, Trump has already issued a blitz of executive orders—including some that roll back diversity and environmental justice initiatives, as well as protections for federal workers and immigrants—since retaking the White House Monday. (In addition to those in HHS, all federal agencies are also under a hiring freeze.)
“It’s not unheard-of to see some things paused when a new administration takes over, but when we look at the whole package of language and executive orders that have come out this week, they’re all tied up together,” said Jennifer Jones, director of the Center for Science and Democracy at the Union of Concerned Scientists. “The goal is to intimidate, chill and create this exact sort of fear.”
A Communications Freeze
That fear for NIH-affiliated researchers came after Dorothy Fink, acting secretary of HHS, sent a memo Tuesday to all HHS division heads, including the directors of the NIH, the Centers for Disease Control and Prevention, and the Food and Drug Administration.
“As the new administration considers its plan for managing the federal policy and public communications processes, it is important that the President’s appointees and designees have the opportunity to review and approve any regulations, guidance, documents, and other public documents and communications (including social media),” explained the memo, which instructed agency employees to refrain from numerous forms of communications, including issuing grant award announcements and public speaking, until a presidential appointee can review them. The memo is in effect until Feb. 1.
An NIH spokesperson clarified to Inside Higher Ed via email that the restrictions apply to communication “not directly related to emergencies or critical to preserving health,” and that any “exceptions for announcements that HHS divisions believe are mission critical” will be made “on a case-by-case basis.”
On Wednesday, Glenda Conroy, a senior travel official for NIH, emailed NIH employees notifying them that all sponsored travel for HHS employees is also suspended until further notice.
Disruptions to Research
As of right now, all these restrictions mean that scheduled meetings have been canceled or postponed, including NIH study sections, which convene scientific experts to decide which projects to fund.
And university-affiliated researchers make up a sizable portion of the grant application pool. The $44 billion NIH is the largest federal research funding source for colleges and universities, which receive billions in NIH grants each year to support medical and other scientific research projects, including those that have advanced treatments for common diseases such as cancer and Alzheimer’s.
Chrystal Starbird, an assistant professor of biology and a cancer researcher at the University of North Carolina at Chapel Hill’s School of Medicine, had been planning for months to attend a study section next week where nearly 60 grants were set to be reviewed, but she got word a couple of days ago that it was canceled.
“Ultimately, the NIH will continue to function, so maybe it’s not a huge issue, but for the people being reviewed now it is,” she said. “None of those grants will be reviewed on time. The question is: How are they going to get all of us together again to review the grant?”
And rescheduling the study sections for weeks or months after the communication restrictions lift may disrupt certain ongoing projects.
“Some people may be using this funding to do research that may have more time pressure,” Starbird said, noting that clinical research typically adheres to strict patient-monitoring timelines. “We have to acknowledge that there’s already a significant impact from this pause.”
‘Too Soon to Assume’ Worst-Case Scenario?
Carrie Wolinetz, a science and health policy consultant who worked for the NIH between 2015 and 2023, said in an email that the communications freeze is similar to memos from previous transitions. Although she acknowledged that pausing study section meetings seems broader than previous transitions, it doesn’t strike her “as tremendously outside the norm of activities that might be paused while a new team is transitioning.”
And though it’s understandable that all of these restrictions are “causing anxiety,” she said it’s “too soon to assume that worst case scenario.”
“It becomes a concern if there is a long cessation of activity, of the sort you might experience if there was an extended government shutdown,” she said. “There is likely to be minimal impact in the short term—other than for folks who hopped on flights only to discover their meeting was cancelled, which I imagine was pretty irritating.”
But others caution that having such restrictions in place for even a short time could force people out of their jobs, create a talent void and potentially stall innovation.
“Even if this is short-lived bumpiness, the uncertainty in funding can have career-altering implications, especially for young scientists,” Erica Goldman, a former academic and director of policy entrepreneurship for the Federation of American Scientists, said in an email.
“If conferences or travel are canceled, for example, the inability to present new ideas and network with senior colleagues can have cascading effects,” she continued. “I’m reminded of the experiments, data, and professionals who left the field during COVID-19. Even temporary pauses can have lasting consequences.”
