Individual university researchers, a public health advocacy organization and a union representing more than 120,000 higher education workers are suing the National Institutes of Health after the agency terminated more than $2.4 billion in grants it claims support “non-scientific” projects that “no longer” effectuate agency priorities.
“Plaintiffs and their members are facing the loss of jobs, staff, and income. Patients enrolled in NIH studies led by Plaintiffs face abrupt cancellations of treatment in which they have invested months of time with no explanation or plan for how to mitigate the harm,” according to a complaint of the lawsuit filed Wednesday afternoon. “As a result of Defendants’ Directives scientific advancement will be delayed, treatments will go undiscovered, human health will be compromised, and lives will be lost.”
It’s the latest in a mounting series of legal challenges against the Trump administration’s blitz of executive actions aimed at rooting out so-called gender ideology; diversity, equity and inclusion initiatives; and alleged waste, fraud and abuse of taxpayer funds. Some of those lawsuits have already resulted in federal judges ordering injunctions and restoration of canceled grants.
But this is one of the first to directly challenge the NIH’s grant cancellations; more legal challenges are expected.
The lawsuit was filed by the American Public Health Association; the United Automobile, Aerospace and Agricultural Implement Workers and NIH-funded medical researchers from Harvard University; the Universities of Michigan and New Mexico; and the Center for Science in the Public Interest, which have all lost their grants. The American Civil Liberties Union is representing the plaintiffs.
A NIH spokesperson said that the agency doesn’t comment on pending litigation.
‘Erosion of Scientific Freedom’
The plaintiffs want the Massachusetts district court to declare the actions of the NIH “unlawful,” restore funding for at least the plaintiffs’ terminated grants and prevent the agency “from terminating any grants based on allegedly no longer effectuating agency priorities, or withholding review of applications.”
The majority of the terminated grants focused on topics related to vaccine hesitancy, climate change, diversifying the biomedical research workforce, “countries of concern” (including China and South Africa), and the health of women, racial minorities and members of the LGBTQ+ community, according to the lawsuit.
One of the plaintiffs, Brittany Charlton, who is the founding director of Harvard University’s LGBTQ Health Center of Excellence, has had five NIH grants terminated since President Donald Trump took office in January and launched a crusade to root out so-called gender ideology and diversity, equity and inclusion initiatives.
Charlton said in an email to Inside Higher Ed that she’s lost nearly $6 million in NIH grants as a result of the agency’s directives, signifying “a potential end to my academic career.”
But her motivation for signing on to the lawsuit extends beyond concern for her own livelihood.
“This isn’t just a fight for my professional survival but a stand against the erosion of scientific freedom,” Charlton said. “[The grant cancellations set] a worrying precedent where scientific inquiry becomes vulnerable to political rhetoric. The concern here is not merely academic; it affects the very foundation of public health policy and the health of vulnerable communities.”
Another plaintiff, Katie Edwards, a social work professor at the University of Michigan who researches violence prevention in minority communities, has had six NIH grants pulled this year. And a third plaintiff, Nicole Maphis, a first-generation college student and postdoctoral fellow at the University of New Mexico’s School of Medicine who researches the link between alcohol use and Alzheimer’s, is no longer in consideration for an NIH grant designed to help underrepresented researchers become faculty members.
‘Arbitrary and Capricious’
The lawsuit argues that NIH didn’t have the authority to cancel those or any of the other grants the agency claims no longer effectuate agency priorities. That’s because the “no longer effectuates agency priorities” regulatory language the NIH has cited to justify its termination of particular grants won’t go into effect until October.
Additionally, canceling the grants disregards “Congress’s express mandate that NIH fund research to address health equity and health disparities, include diverse populations in its studies, improve efforts to study the health of gender and sexual minorities, and enhance diversity in the bio-medical research profession,” according to the complaint.
The lawsuit also says that the government violated numerous aspects of the Administrative Procedure Act—including a provision prohibiting agency action considered “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”—when it terminated the grants. It further asserts that the agency usurped Congress’s “exclusive power over federal spending” and violated the Fifth Amendment by offering “vague” justifications for terminating grants, including involvement with “transgender issues,” “DEI” or “amorphous equity objectives.”
“Defendants have failed to develop any guidelines, definitions, or explanations to avoid arbitrary and capricious decision-making in determining the parameters of the agency’s prohibitions against research with some connection to DEI, gender, and other topics that fail Defendants’ ideological conformity screen,” the suit alleges.
That leaves grantees “unsure, for example, which areas of study they can pursue, which populations they can focus on as study subjects, what they might argue to appeal grant terminations, and what the demographics of study participants must be” and “makes it impossible to determine how to reconfigure future research to stay within the bounds of NIH’s newest ‘priorities.’”
