Two federal judges issued separate rulings Friday that temporarily prevent the Trump administration from moving ahead with plans to weaken diversity, equity, and inclusion (DEI) initiatives and implementing drastic cuts to National Institutes of Health (NIH) funding.A federal judge in Maryland blocked key parts of two executive orders (EOs) issued in President Trump’s first week in office that aimed to prohibit DEI initiatives. Following a hearing earlier in the week, the court issued a nationwide preliminary injunction (PI) preventing the administration from moving forward with key components of the EOs.
U.S. District Judge Adam B. Abelson’s opinion summarized the portions of the EOs at issue, noting that they:
“(1) directed all executive agencies to “terminate . . . ‘equity-related’ grants or contracts” (the “Termination Provision”), (2) directed all executive agencies to “include in every contract or grant award” a certification, enforceable through the False Claims Act, that the contractor and grantee “does not operate any programs promoting DEI that violate any applicable Federal anti- discrimination laws” (the “Certification Provision”), and (3) directing the Attorney General to take “appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI,” to “deter” such “programs or principles,” and to “identify . . . potential civil compliance investigations” to accomplish such “deter[rence]” (the “Enforcement Threat Provision”) (collectively, the “Challenged Provisions”).”
With this framing, the PI entered on Friday precludes the executive branch from doing these things:
a. pause, freeze, impede, block, cancel, or terminate any awards, contracts or obligations (“Current Obligations”), or change the terms of any Current Obligation, on the basis of the Termination Provision;
b. require any grantee or contractor to make any “certification” or other representation pursuant to the Certification Provision; or
c. bring any False Claims Act enforcement action, or other enforcement action, pursuant to the Enforcement Threat Provision, including but not limited to any False Claims Act enforcement action premised on any certification made pursuant to the Certification Provision.
Judge Abelson spoke in his opinion to the vagueness of the EOs, highlighting concerns about “arbitrary and discriminatory enforcement over billions of dollars in government funding” that could result in irreparable harm.
“The possibilities are almost endless, and many are pernicious,” Abelson wrote.
He also signaled that complaints had valid freedom of speech concerns, adding, “That is textbook viewpoint-based discrimination.”
The American Association of University Professors, the National Association of Diversity Officers in Higher Education, and other groups filed the lawsuit earlier this month to block the orders.
“In his crusade to erase diversity, equity, inclusion, and accessibility from our country, President Trump cannot usurp Congress’s exclusive power of the purse, nor can he silence those who disagree with him by threatening them with the loss of federal funds and other enforcement actions,” the groups wrote in their complaint.
The Trump administration can appeal the decision to the U.S. Court of Appeals. Read more in Inside Higher Ed.
Federal Judge Extends Pause on NIH Cuts
Earlier Friday, a federal judge in Massachusetts extended the temporary nationwide block on the administration’s plan to drastically cut NIH funding for institutions’ research costs, pending the court’s decision about whether the previously granted temporary restraining order (TRO) should be converted into a preliminary injunction.
Earlier this month, the administration declared that it would cut funding for life-saving medical research by limiting Facilities and Administrative reimbursements to a 15 percent rate, the indirect cost rate, for NIH research grants.
Three separate lawsuits were filed soon after, including one by ACE, the Association of American Universities, the Association of Public and Land-grant Universities, and several research universities. U.S. District Judge Angel Kelley issued a nationwide TRO on Feb. 11.
ACE President Ted Mitchell criticized the administration’s “unilateral and misguided decision” to cut critical research funding soon after the announcement was made.
“It is a self-inflicted wound that, if not reversed, will have dire consequences on U.S. jobs, global competitiveness, and the future growth of a skilled workforce,” Mitchell said.
Read more in Inside Higher Ed.