Judge deems Trump’s National Institutes of Health grant cuts illegal

By Daniel Wiessner and Nate Raymond

BOSTON (Reuters) -A federal judge in Boston on Monday said the termination of National Institutes of Health grants for research on diversity-related topics by President Donald Trump’s administration was "void and illegal," and accused the government of discriminating against racial minorities and LGBT people.

U.S. District Judge William Young during a non-jury trial said the NIH violated federal law by arbitrarily canceling more than $1 billion in research grants because of their perceived connection to diversity, equity and inclusion initiatives.

Young said he was reinstating grants that had been awarded to organizations and Democratic-led states that sued over the terminations. And the judge indicated that as the case proceeds he could issue a more sweeping decision.     

"This represents racial discrimination and discrimination against America’s LGBTQ community," said Young, an appointee of Republican former President Ronald Reagan. "Any discrimination by our government is so wrong that it requires the court to enjoin it and at an appropriate time, I’m going to do it."

Referring to the termination of grants for research related to issues involving racial minorities, the judge said he had in four decades on the bench "never seen a record where racial discrimination was so palpable."

"You are bearing down on people of color because of their color," the judge said, referring to Trump’s administration. "The Constitution will not permit that."

Andrew Nixon, a spokesman for the U.S. Department of Health and Human Services, said the agency stands by its decision to end funding for research "that prioritized ideological agendas over scientific rigor and meaningful outcomes for the American people," and is considering an appeal.

"Under the leadership of Secretary Kennedy and the Trump administration, HHS is committed to ensuring that taxpayer dollars support programs rooted in evidence-based practices and gold standard science – not driven by divisive DEI mandates or gender ideology," Nixon said in a statement, referring to HHS Secretary Robert F. Kennedy Jr.

Rachel Meeropol of the American Civil Liberties Union, which represents the grant recipients who sued, said Young’s ruling applies to hundreds of grants. The plaintiffs include the American Public Health Association, a membership organization for public health researchers, and 16 states led by Massachusetts.

The NIH, the world’s leading funder of biomedical and behavioral research, has terminated 2,100 research grants totaling about $9.5 billion and an additional $2.6 billion in contracts since Trump took office in January, according to a letter that dozens of NIH employees signed last week, protesting the cuts.

The funding cuts are part of Trump’s wide-ranging actions to reshape the government, slash federal spending and end government support for DEI programs and transgender healthcare. The administration’s plans to cut 10,000 jobs at health agencies including NIH have been temporarily blocked by another federal judge.

Trump also has signed a series of executive orders requiring agencies to ensure grant funds do not promote "gender ideology" and to end support of what it sees as discriminatory DEI programs. Conservative critics of DEI programs have portrayed them as discriminatory against white people and certain others.

In line with Trump’s policy agenda, the NIH has instructed staff to terminate grant funding for studies related to DEI programs, transgender issues, COVID-19 and ways to curb vaccine hesitancy, and grants that could potentially benefit Chinese universities.

The trial that Young held on Monday concerned only some of the claims in the consolidated lawsuits over the cuts. The judge will consider others later.

Young said he would give the parties an opportunity to present further evidence before he rules on those claims and decides whether to reinstate grants beyond those awarded to the plaintiffs.

Massachusetts Governor Maura Healey in a statement said Young’s ruling was welcome, but that the NIH cuts had already halted crucial research into cures for disease including cancer and Alzheimer’s.

"He forced our research universities to lay off staff and rescind PhD offers. And he handed China and other foreign countries the opportunity to recruit away our researchers, scientists and entrepreneurs," said Healey, a Democrat.