Tag: Order

  • ED Drops Appeal of Order Blocking Anti-DEI Guidance

    ED Drops Appeal of Order Blocking Anti-DEI Guidance

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    Education Secretary Linda McMahon and her legal team have dropped their appeal of a federal court ruling that blocked the department from requiring colleges to eradicate all race-based curriculum, financial aid and student services or lose federal funding.

    The motion to dismiss was jointly approved by both parties in the case Wednesday, ending a nearly yearlong court battle over the department’s Feb. 14 Dear Colleague letter that declared race-based programming and policies illegal. If institutions didn’t comply within two weeks, department officials threatened to open investigations and rescind federal funding.

    In response, colleges closed offices related to diversity, equity and inclusion; scrubbed websites; and cut other programming.

    First Amendment advocacy groups and the DEI leaders who remain in higher ed declared it a major victory for public education. Democracy Forward, the legal group that represented educators in the case, went as far as to say that it marks the “final defeat” of Trump’s effort to censor lessons and scrub student support programs.

    Skye Perryman, president of Democracy Forward, said it should encourage those affected by the Trump administration’s “unlawful crusade against civil rights” to keep fighting back.

    “Today’s dismissal confirms what the data shows: government attorneys are having an increasingly difficult time defending the lawlessness of the president and his cabinet,” she said in a news release about the court filing. “When people show up and resist, they win.”

    The court filing did not explain why the department chose to abandon the case, and Ellen Keast, a department spokesperson, declined to provide any further comment.

    Trump officials had argued that they were merely enforcing existing federal civil rights laws and the 2023 Supreme Court ruling that struck down affirmative action. They claimed race-based programming constitutes discrimination.

    But 10 days later, a coalition of education unions, a national association and a public school district challenged the letter in court, arguing it violated administrative procedure law and institutions’ First Amendment rights. Then, in August, federal district Judge Stephanie Gallagher struck down the department’s guidance, arguing it “ran afoul” of procedural requirements and that “the regulation of speech cannot be done casually.”

    Colleges and universities aren’t entirely in the clear, though. Just days before the Maryland District Court issued its ruling on the ED letter, the Department of Justice released its own nine-page memo on DEI.

    That guidance, which went even further than ED’s guidance, said that basing services on stand-ins for race—like “lived experience,” “cultural competence” and living in a minority-heavy geographic area—could also violate federal civil rights laws. In response, colleges have closed campus centers and publications cater to certain racial or ethnic groups.

    Still, many educators see this as a significant step forward.

    “When you fight you don’t always win, but you never win without a fight,” said Randi Weingarten, president of the American Federation of Teachers, one of the cases’ plaintiffs, in a news release. “We are proud that this case has once again halted the administration’s pattern of using executive fiat to undermine America’s laws that enshrine justice and opportunity for all.”

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  • Appeals Court Reverses Order to Release Khalil

    Appeals Court Reverses Order to Release Khalil

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    An appeals court has reversed the decision to release from custody Mahmoud Khalil, the Columbia University graduate and pro-Palestinian activist who was detained by immigration officials for several months last year, The Guardian and other outlets reported Thursday.

    The court dismissed the lawsuit challenging his arrest in a 2-to-1 ruling, on the grounds that the lower court that ordered his release did not have the jurisdiction to do so. Circuit judges Thomas Hardiman, a George W. Bush appointee, and Stephanos Bibas, a Trump appointee, argued that the petition for his release should have been handled in his eventual immigration hearing.

    “The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on—in a petition for review of a final order of removal,” they wrote.

    In a dissenting opinion, however, Judge Arianna J. Freeman, a Biden appointee, argued that it was appropriate for Khalil to seek faster relief in federal court, as his detainment was causing “irreparable injury.”

    “Today’s ruling is deeply disappointing, but it does not break our resolve. The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability,” Khalil said in a statement. ”I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”

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  • Trump can order employers to pay extra H-1B fee, court holds

    Trump can order employers to pay extra H-1B fee, court holds

    Dive Brief:

    • President Donald Trump did not exceed his authority when he issued a Sept. 19 proclamation requiring employers to pay an additional $100,000 before new H-1B visas can be processed, a federal district court judge held Dec. 23 in Chamber of Commerce of the United States of America v. U.S. Department of Homeland Security.
    • President Trump legitimately exercised his broad discretion authorized by the Immigration and Nationality Act to restrict the entry of noncitizens into the U.S., the judge found. Trump found the proclamation was necessary to counter abuse of the H-1B program, which the proclamation asserts is harming American workers and creating a national security threat, he said.
    • The ruling does not discount the contributions H-1B workers are making to the American economy, the judge stressed. But the parties’ debate over how the proclamation will affect employers and the economy is not within the court’s province to decide, so long as it is within the confines of the law, she said.

    Dive Insight:

    The Association of American Universities and the Chamber, a business federation with approximately 300,000 members, sued the Trump Administration in October. It was the first of at least three lawsuits by different groups challenging the proclamation, including California v. Noem, filed mid-December by 20 state attorney generals from mainly Democratic states.

    The litigation focuses on two issues — that President Trump exceeded his delegated authority, or acted “ultra vires,” under the INA and that DHS and the State Department “arbitrarily” implemented the proclamation without following proper notice-and-comment rulemaking under the Administrative Procedure Act.

    The judge ruled against AAU and the Chamber on both claims. The INA’s “exceedingly broad language” gives President Trump the authority to issue the proclamation, which he backed with evidence showing how the H-1B program is being abused, and the proclamation does not contravene the INA’s H-1B scheme, the judge held.

    As for the second issue, DHS and the State Department “plainly do not act ‘arbitrarily and capriciously’ or ‘contrary to law’ in implementing a legally permissible presidential directive,” the judge wrote. “Indeed, defendants here had no other course of action” because agencies “‘may not simply disregard’ a binding presidential directive,” she said.

    AAU and the Chamber filed a notice of appeal on Dec. 29.

    Following the ruling, the Chamber posted a statement by Executive Vice President and Chief Counsel Daryl Joseffer that said, “The $100,000 fee makes H-1B visas cost prohibitive for businesses, especially small- and medium-sized businesses that can least afford it. We are disappointed in the court’s decision and are considering further legal options to ensure that the H-1B visa program can operate as Congress intended: to enable American businesses of all sizes to access the global talent they need to grow their operations.”

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  • 2025 DataOnDemand Order Form – CUPA-HR

    2025 DataOnDemand Order Form – CUPA-HR

    This form is for ordering 2025 DataOnDemand (DOD) subscriptions ONLY. 2025 DOD subscriptions feature data collected in fall of 2024.

    • Access Expiration: Access to 2025 DataOnDemand subscriptions will expire at 12:01 a.m. ET on February 9, 2026.
    • User Access: Once payment is received in full, your institution’s chief HR officer (CHRO) or Primary CUPA-HR Contact will be able to assign access to authorized subscription users at your institution. See Manage DOD Access for details.

    To pre-order 2026 DOD subscriptions — accessible February 12, 2026–February 8, 2027 — use our standard ordering system. 2026 DOD subscriptions feature data collected this fall.

    Participation discounts on DOD subscriptions apply to the specific surveys (and survey years) in which your institution participated.

     

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  • ‘End of an era’: Experts warn research executive order could stifle scientific innovation

    ‘End of an era’: Experts warn research executive order could stifle scientific innovation

    An executive order that gives political appointees new oversight for the types of federal grants that are approved could undercut the foundation of scientific research in the U.S., research and higher education experts say. 

    President Donald Trump’s order, signed Aug. 7, directs political appointees at federal agencies to review grant awards to ensure they align with the administration’s “priorities and the national interest.

    These appointees are to avoid giving funding to several types of projects, including those that recognize sex beyond a male-female binary or initiatives that promote “anti-American values,” though the order doesn’t define what those values are.   

    The order effectively codifies the Trump administration’s moves to deny or suddenly terminate research grants that aren’t in line with its priorities, such as projects related to climate change, mRNA research, and diversity, equity and inclusion.

    The executive order’s mandates mark a big departure from norms before the second Trump administration. Previously, career experts provided oversight rather than political appointees and peer review was the core way to evaluate projects.

    Not surprisingly, the move has brought backlash from some quarters.

    The executive order runs counter to the core principle of funding projects based on scientific merit — an idea that has driven science policy in the U.S. since World War II, said Toby Smith, senior vice president for government relations and public policy at the Association of American Universities. 

    “It gives the authority to do what has been happening, which is to overrule peer-review through changes and political priorities,” said Smith. “This is really circumventing peer review in a way that’s not going to advance U.S. science and not be healthy for our country.”

    That could stifle scientific innovation. Trump’s order could prompt scientists to discard their research ideas, not enter the scientific research field or go to another country to complete their work, research experts say. 

    Ultimately, these policies could cause the U.S. to fall from being one of the top countries for scientific research to one near the bottom, said Michael Lubell, a physics professor at the City College of New York.

    “This is the end of an era,” said Lubell. “Even if things settle out, the damage has already been done.”

    A new approach to research oversight

    Under the order, senior political appointees or their designees will review new federal awards as well as ongoingl grants and terminate those that don’t align with the administration’s priorities.

    This policy is a far cry from the research and development strategy developed by Franklin D. Roosevelt’s administration at the end of World War II. Vannevar Bush, who headed the U.S. Office of Scientific Research and Development at the time, decided the U.S. needed a robust national program to fund research that would leave scientists to do their work free from political pressure. 

    Bush’s strategy involved some government oversight over research projects, but it tended to defer to the science community to decide which projects were most promising, Lubell said. 

    “That kind of approach has worked extremely well,” said Lubell. “We have had strong economic growth. We’re the No. 1 military in the world, our work in the scientific field, whether it’s medicine, or IT — we’re right at the forefront.”

    But Trump administration officials, through executive orders and in public hearings, have dismissed some federal research as misleading or unreliable — and portrayed the American scientific enterprise as one in crisis. 

    The Aug. 7 order cited a 2024 report from the U.S. Senate Commerce, Science, and Transportation Committee, led by its then-ranking member and current chairman, Sen. Ted Cruz, R-Texas, that alleged more than a quarter of National Science Foundation spending supported DEI and other “left-wing ideological crusades.” House Democrats, in a report released in April, characterized Cruz’s report as “a sloppy mess” that used flawed methodology and “McCarthyistic tactics.”

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  • Purpose, strategy, and operations in that order – how to make a federation work

    Purpose, strategy, and operations in that order – how to make a federation work

    I’ve been doing some work with the University of London on the past, present, and future of university federations.

    I’ve looked at well over 60 kinds of different kinds of university partnerships, alliances, and coalitions, and the idea of a university federation avoids an easy definition. Crudely, it is a group of universities working together to achieve a shared goal but lots of kinds of partnerships would fall in and out of that definition. The University of London is the obvious example – it has seventeen independent members and it defines its mission as expanding access to higher education. Globally, the vast majority of other kinds of federated models do not work like this.

    Whose federation is it anyway?

    The University of Oxford describes its 36 colleges as operating within a “federal system” which are “independent and self-governing.” It seems odd to suggest a federation within an institution can exist (albeit the legal forms here complicate things) but federations are about the distribution of resources as much as regulatory structures.

    On this basis the University of the Arts London would also qualify as a kind of federation. The colleges maintain their own identity with their own expertise and reputation. Their work is framed about the idea of six colleges with one university. Similarly, the University of California has a single legal identity but with nine campuses. They are one institution with a single leadership but diverse enough to operate across different geographies, programmes, and sub-identities.

    There is perhaps then a difference between working in a federal way and being federated. This definition would encompass coalitions of universities working toward a single goal with some shared resources like The N8 research partnership. It would also include the University of the Arctic which is an almost entirely federal institution where its direction, governance, and activities, are directed by the shared agreement of its members.

    Scales

    Governance forms and organisational function are often but not always linked. The University of London’s membership has a formal governance responsibility to direct its activity while the University of London maintains its own strong central purpose and activities.  The University of the Highlands and Islands (UHI) is potentially both more centralised and devolved than the University of London. Its degree awarding powers are centrally held by the university but delivery of programmes, in both FE and HE occurs over 70 learning centres. Additionally, the Post-16 Education (Scotland) Act 2013 identifies UHI as a regional strategic body with responsibilities for planning, delivery, monitoring, and efficiency savings in further education across its operating area.

    At the slightly less federated end there is somewhere like the University Arts Singapore (UAS) which emerged as an alliance between LASALLE College of the Arts (LASALLE) and Nanyang Academy of Fine Arts (NAFA). UAS has a vice chancellor, each member has its own president (who are the deputy vice chancellors of UAS), and they lean into both their shared capacity and individual identity. As they state:

    As an alliance, UAS has the unique advantage of leveraging the strengths of both our founding members, LASALLE and NAFA, while allowing each to remain distinct colleges. UAS will work in close collaboration with the two arts institutions to lead and provide strategic direction, and will validate, confer and award UAS degrees offered by both arts institutions.

    There are lots of other examples including Paris Sciences et Lettres University which is a single institution with eleven constituent schools (some of which are several hundred years old.) To the Canadian model where the likes of the University of Toronto hold three religious independent institutions within their group where they share resources and maintain their own identities.

    Models

    The strictest definition of federation involves a legal form – but there is much in-between. A federation may be a shared brand, an informal network, a federated project with individual or shared ownership, a national or regional mission with shared funds, shared infrastructure with formal governance relationships, a group of universities with a single degree awarder, a coalition of providers with a shared and funded purpose, or an entirely devolved body that only exists through dint of the activities of its members.

    If a federation has lots of different forms it by extension has a lot of different purposes. Ideally, the form of the federation should follow the agreed purpose if it is to be successful. The strategic vision has to be big enough to make the difficult compromises that come with working together make sense. Cost-saving is unlikely to be big enough to motivate all the pieces within a federated ecosystem but improving international standing, delivering better teaching, and funding research more effectively, supported by the efficient allocation of resources, might be.

    Across federations there is often legislation and regulation that enables the constituent organisations to work together. This was the case with UAS, UHI has a long history of partnerships, funding, and regulation, while there is underpinning legislation in France to encourage the geographic coordination of research assets. It is noticeable that while the OfS has welcomed the idea of closing working together by institutions there isn’t actually a legislative or regulatory underpinning to make that easier.

    Success

    If a federation has a clear purpose and an accommodating regulatory environment it may have a reasonable chance of success. This still isn’t enough to wish one into being because of the operational complexity that can underpin such arrangements. Strategically, this includes whether it is more efficient, effective, or clear, to have a single governance, quality, and approval regime, whether resources are best shared or kept local, and whether staff should be separate or together. Again, much of this depends on federal form but sharing infrastructure between institutions even within federations is not that common. The sharing of resources should be the second order concern after the purpose of doing so but the practicalities can be complex, expensive, and absorb much organisational attention.

    It is therefore difficult to define success but it is possible to improve the chances of federations being successful. Federations should begin with a clear purpose, then look at how the strategic sharing of assets can achieve that purpose, and then work to the practicalities of sharing those assets. A federation is about purpose, governance, finance, and brand, but it is also about creating an ecosystem where partners believe the shared negotiation of purpose, strategy, and execution, is more powerful than a single organisation doing this alone. A federation is about giving something up, whether that is some identities or some resources, in the shared belief the collective gain will outweigh any individual loss.

    If federations are to become more of a feature of the higher education landscape the largest challenges may not be structural but cultural. Recent reforms of higher education in England were largely about greater competition between providers. A federation is to acknowledge that agglomeration benefits may be achieved through cooperation, consolidation, and the strategic deprioritisation of some work where others may have greater expertise.

    The central plank of the government’s recent white paper is that the homogeneity of the sector is an impediment to the efficient allocation of resources. If it is serious about specialisation, particularly within specific geographies, it should open up more routes to federal structures and the strategic benefits they may bring.

    James Coe is chairing a panel on federations at The Festival of Higher Education with the University of London. Tickets can be purchased here.

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  • NIH temporarily restores UC grants under court order

    NIH temporarily restores UC grants under court order

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    Dive Brief:

    • The National Institutes of Health has temporarily restored the University of California system’s research funding it abruptly revoked under President Donald Trump, officials from the U.S. Department of Justice said in court filings this week.
    • A federal judge issued a preliminary injunction last month ordering NIH, along with the U.S. departments of Defense and Transportation, to reinstate the canceled funding for the university system and its researchers while a related lawsuit proceeds. 
    • Trump administration officials said Monday the three agencies were complying but reported some administrative difficulties that would take until mid-October to resolve.

    Dive Insight:

    Researchers and faculty from the University of California’s Berkeley and San Francisco campuses filed a class-action lawsuit against the Trump administration in June, alleging its mass termination of research grants was illegal and jeopardized U.S. advancement. At the University of California, Los Angeles alone, NIH reportedly cut some 500 research grants worth over $500 million

    In September, U.S. District Judge Rita Lin temporarily ordered three agencies to reinstate the grants and barred them from making further cuts en masse against the system for the duration of the court case.

    NIH has now restored the bulk of that funding to comply with the order. But the agency is running into issues verifying if the grants it canceled are held by University of California researchers who work at institutions outside of their home system, federal officials told the court on Monday.

    In total, NIH identified 61 grants that likely meet this parameter, all but nine of which have been reinstated.

    Officials are trying to verify that the researchers on the remaining nine grants are still employed by the University of California, a process challenged by potentially out-of-date agency files, court documents said.

    As of Monday, NIH anticipated completing that work by the end of the week, though the shutdown of the federal government has likely altered that timeline.

    The Defense Department also declared a successful return of funds to University of California institutions. But the agency reported administrative difficulties on behalf of its components, such as the National Security Agency, the Defense Advanced Research Projects Agency and the branches of the military.

    Simply identifying relevant awards issued through those groups has been a challenge, officials said, “because of the number of DoD Components and the variety of grants systems involved.”

    “Reinstatement has been particularly complicated, as a fiscal matter, where funding has already been deobligated,” the court filing said. “In most cases, DoD Components have contacted UC institutions so that they can work together to modify awards and restore funding.”

    Prior to the government shutdown, the Defense Department gave an estimated completion date of Oct. 10.

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  • Court Order Reinstates S.D. Prof Fired for Kirk Comments

    Court Order Reinstates S.D. Prof Fired for Kirk Comments

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    A South Dakota district court judge ordered the University of South Dakota on Wednesday to reinstate Michael Hook, a tenured professor of art who was put on leave with an “intent to terminate” after he posted comments on his personal Facebook page about Charlie Kirk. 

    “The court concludes that Hook spoke as a citizen and his speech was on a matter of public concern,” district court judge Karen Schreier wrote. “Defendants note that Hook’s Facebook page identified himself as a professor at the University of South Dakota … but this alone does not show that a post made on his personal Facebook account is speech that arises from Hook’s duties as a professor.”

    Hook is one of dozens of faculty and staff members who have been punished for their comments about Kirk’s death. He was put on leave two days after posting, “Okay. I don’t give a flying fuck about this Kirk person,” on his Facebook page on Sept. 10, the day Kirk was shot and killed in Utah.

    “Apparently he was a hate spreading Nazi. I wasn’t paying close enough attention to the idiotic right fringe to even know who he was,” Hook continued. “I’m sorry for his family that he was a hate spreading Nazi and got killed. I’m sure they deserved better. Maybe good people could now enter their lives. But geez, where was all this concern when the politicians in Minnesota were shot? And the school shootings? And Capitol Police? I have no thoughts or prayers for this hate spreading Nazi. A shrug, maybe.”

    Hook later deleted the post and posted an apology. 

    Hook was informed in a letter from Bruce Kelley, dean of the University of South Dakota College of Fine Arts, that in posting the comment on Facebook he’d violated two university policies. The first dealt with “neglect of duty, misconduct, incompetence and abuse of power,” and the second detailed that when employees speak publicly “they should remember that the public may judge their profession and their institution by their utterances. Hence, they should at all times be accurate, show respect for the opinions of others and make every effort to indicate when they are not speaking for the institution.” 

    As part of the temporary restraining order, Schreier ordered that the university may not proceed with a disciplinary meeting between Hook and university officials scheduled for Sept. 29. The temporary restraining order will remain in effect until a preliminary injunction hearing on Oct. 8.

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  • FIRE statement on President Trump’s executive order to outlaw flag burning

    FIRE statement on President Trump’s executive order to outlaw flag burning

    On Aug. 25, President Donald Trump issued an executive order cracking down on flag burning, which is protected expressive activity under the First Amendment. During the signing, Trump remarked, “If you burn a flag, you get one year in jail.” The following statement can be attributed to FIRE Chief Counsel Bob Corn-Revere.


    President Trump may believe he has the power to revise the First Amendment with the stroke of a pen, but he doesn’t.

    Flag burning as a form of political protest is protected by the First Amendment. That’s nothing new. While people can be prosecuted for burning anything in a place they aren’t allowed to set fires, the government can’t prosecute protected expressive activity — even if many Americans, including the president, find it “uniquely offensive and provocative.”

    You don’t have to like flag burning. You can condemn it, debate it, or hoist your own flag even higher. The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say. 

    Your burning questions on flag burning

    The right to burn the American flag sparks heated debate, but the First Amendment protects flag burning in most cases.


    Read More

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  • ‘Wrong and deeply disappointing’: Supreme Court halts order restoring NIH grants

    ‘Wrong and deeply disappointing’: Supreme Court halts order restoring NIH grants

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    Dive Brief:

    • The U.S. Supreme Court on Thursday dealt a blow to universities and other research institutions seeking to restore grants cut in mass by the National Institutes of Health.
    • Researchers, unions and associations sued NIH this spring after the agency abruptly terminated millions of dollars in grants for projects that dealt with diversity, equity and inclusion.
    • In a 5-4 decision, conservative justices on the Supreme Court paused a June order that would have restored $783 million in funding, ruling that the district court lacked jurisdiction to handle the grant restoration. However, the court declined to block the lower court’s order that deemed NIH’s guidance that led to the cuts illegal.

    Dive Insight:

    With the Supreme Court decision, those who have seen grant funding cut by NIH could face a longer, more complicated path through another federal court to have their awards restored.

    In their April complaint, plaintiffs accused NIH of “launching a reckless and illegal purge to stamp out NIH-funded research that addresses topics and populations that they disfavor.”

    They tallied 678 terminated projects resulting in $1.3 billion already spent by the government on projects “stopped midstream” being wasted, and another $1.1 billion that had yet to be spent.

    When U.S. District Judge William Young ruled against NIH in June, he blasted the agency for what he saw as discrimination, both racial and against LGBTQ+ communities, in its purge of research funding. 

    “Have we no shame,” said Young, a Reagan appointee, according to a report from The Associated Press

    Earlier this month, the watchdog agency U.S. Government Accountability Office also determined that NIH acted illegally in its DEI cuts. 

    The Supreme Court did not block Young’s ruling that NIH’s guidance that led to the agency cutting DEI research funding was illegal. That ruling is still being litigated in appellate court.

    Instead, the ruling majority determined that the U.S. Court of Federal Claims — which hears monetary claims against the federal government — is the venue for handling terminated grants. 

    Massachusetts Attorney General Andrea Campbell, who has been active in fighting the Trump administration’s various moves to cut federal research funding, blasted the Supreme Court’s ruling on Friday. 

    The Supreme Court’s decision is wrong and deeply disappointing,” Campbell said in a statement. “Even though the Court did not dispute that the Trump Administration’s decision to cut critical medical and public health research is illegal, they ordered the recipients of that fundinghospitals, researchers, and the stateto jump through more hoops to get it back.”

    The Supreme Court’s split decision brought internal dissent as well. In a minority opinion, Chief Justice John Roberts, who joined the court’s liberal justices, wrote that “if the District Court had jurisdiction to vacate the directives, it also had jurisdiction to vacate the ‘Resulting Grant Terminations.’”

    In a separate dissent, Justice Ketanji Brown Jackson rebuked the majority’s opinion. 

    By today’s order, an evenly divided Court neuters judicial review of grant terminations by sending plaintiffs on a likely futile, multivenue quest for complete relief,” she wrote, adding that the court “lobs this grenade” without considering Congress’ intent or the “profound” consequences of the ruling. 

    “Stated simply: With potentially life-saving scientific advancements on the line, the Court turns a nearly century-old statute aimed at remedying unreasoned agency decisionmaking into a gauntlet rather than a refuge,” Jackson said in the dissent.

    Clarification: This article has been updated to clarify the nature of the Supreme Court decision.

     

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