Select Federal Court Decisions, Links, and Memos
Updated 4/09/2026
Contents
- Recent Complaints
- Supreme Court Decisions
- Indirect Cost Caps
- Award terminations
- Disputed Certification Requirements & Funding Conditions
- Gender Ideology / Gender Affirming Care
- Organization Dismantling / Reductions Impacting Grants
- Rescinded OMB Memo / Funding Freeze – Issued 1/27/2025
Recent Complaints
Commonwealth of Massachusetts, et al. v. U.S. Department of Agriculture
- 3/23/2026 Complaint alleges that certain conditions contained in the USDA General Terms and Conditions applied to grants are contrary to the Spending Clause of the U.S. Constitution, violate the Administrative Procedure Act, and seeks an injunction against enforcement of the challenged conditions.
Supreme Court Decisions
6/27/2025: Universal injunctions likely exceed the equitable authority that Congress has given to federal courts.
Indirect Cost Caps
National Institutes of Health (NIH)
Commonwealth of Massachusetts, et al. v. National Institutes of Health, et al.
- 3/05/2025:
- Three cases consolidated , , and
- 4/09/2025: Appeal filed
- 6/17/2025: Hearing on merits of case scheduled
- 1/5/2026: 聽First Court of Appeals upholds the lower court decision that the National Institutes of Health (NIH) cannot unilaterally cap the indirect cost rate at 15 percent.
Department of Defense (DoD)
- 6/16/2025: Association of American Universities et al v. Department of Defense; Peter Hegseth
- 10/10/2025:
- 12/09/2025: DoD files .
- .
Department of Energy (DOE)
See 10/20/2025 UW update for proposals & awards and the DOE IDC cap.
Association of American Universities, et al. v. Department of Energy, et al.
- 5/15/2025: U.S. District Court for the District of Massachusetts granted a on reimbursement for colleges鈥 indirect research costs.
- 7/01/2025: . IDC cap is in violation of Uniform Guidance, is arbitrary and capricious and was impermissibly retroactive.
National Science Foundation (NSF)
Association of American Universities, et al. v. National Science Foundation, et al.
- 5/16/2025: Defendant鈥檚 (NSF) Notice:
- 6/18/2025: NSF is extending its previously issued temporary pause until a decision on this case is reached.
- 6/20/2025:
State of New York, et al v. National Science Foundation; Brian Stone ~ destruction of critical higher ed. STEM research
-
- 6/13/2025: Hearing on cross-motions for summary judgement.
- 8/01/2025: that would have restored terminated NSF grants.
- 8/25/2025: Plaintiff’s moved to voluntarily dismiss the case.
Award Terminations
State of Washington, et. al. v. US Department of Education, Case 2:25-cv-01228: Department鈥檚 non-continuation of mental health funding to high-need schools, including under the School-Based Mental Health Services Grant Program (SBMH) is arbitrary and capricious, including in violation of the change-in-position doctrine.
- 7/08/2025: filed by plaintiffs (including the State of WA).
- 10/27/2025: Department of Education enjoined from implementing or enforcing the discontinuation decisions for Program funds and from recompeting the discontinued funds.
Commonwealth of Massachusetts v. Kennedy, Jr.
Challenge of NIH grant terminations, delays, and the removal of notices of funding opportunities.
- 5/16/2025:
- 6/23/2025: . Voided terminations includes terminated NIH awards as well as non-competing continuations that were delayed on the basis of challenged directives.
- 7/18/2025: .
- 7/25/2025: NIH petitions the U.S. Supreme Court for a stay of the injunction, after motion to stay is denied by U.S. First Circuit Court of Appeals and pending the consideration of NIH鈥檚 appeal to Court of Appeals.
American Public Health Universities v. NIH
- 8/21/2025: Supreme Court decision in the American Public Health Universities v. NIH, a companion case to Massachusetts v. Kennedy, let stand a lower court ruling that the underlying policies leading to NIH grant terminations were likely unlawful. However, at the same time, it ruled that NIH could still cancel previously terminated grants. The matter of the lawfulness of the policies will now need to be adjudicated in what is known as the Court of Claims.
State of Colorado, et al. v. U.S. Department of Health and Human Services, et al.
Challenges termination of Department of Health and Human Services (HHS) grants funded through COVID-19 legislation.
- 5/16/2025:
State of New York, et al v. National Science Foundation; Brian Stone ~ destruction of critical higher ed. STEM research
-
- 6/13/2025: Hearing on cross-motions for summary judgement.
- 8/01/2025: that would have restored terminated NSF grants.
- 8/25/2025: Plaintiff’s moved to voluntarily dismiss the case.
Disputed Certification Requirements & Funding Conditions
State of California, et al. v. U.S. Department of Transportation, et al.
- . Court forbids;聽implementing or enforcing, withholding or terminating federal funding, . . . . or taking adverse action against any state entity or local jurisdiction, including barring it from receiving or making it ineligible for federal funding, based on the Immigration Enforcement Condition as set forth in the Duffy Directive.
- . Summary judgment granted declaring that DOT lacks statutory authority to impose Immigration Enforcement Condition on federal transportation grants.
National Association of Diversity Officers in Higher Education, et al. v. Donald J. Trump, et al.
Challenges the enforcement of certain portions of Executive Orders related to diversity, equity and inclusion (DEI) efforts.
- 3/14/2025: Stay聽of earlier preliminary injunction
- 2/06/2026: The . It has sent the case back to the lower court.
Gender Ideology / Gender Affirming Care
State of Washington, et al. v. Donald J. Trump, et al.
- 2/28/2025: Preliminary Injunction:
- 3/06/2025:
- 3/17/2025: District Court denies Plaintiff鈥檚 Motion for Contempt and grant expedited discovery; Court orders Defendants to correct their too narrow interpretation of the original preliminary injunction
- 3/24/2025: Appeal filed USCA 25-1922
- 5/16/2025: Order to stay proceedings pending decisions of聽 U.S. v Skrmetti USCA 23-477
Organization Dismantling / Reductions Impacting Grants
USAID
AIDS Vaccine Advocacy Coalition, et al. v. U.S. Department of State, et al.
- Consolidated with Global Health Council, et al. v. Donald J. Trump, et al.
- 3/10/2025: in part and denied in part: Defendants enjoined from enforcing or giving effect to sections 1, 5, 7, 8, and 9 of the January 24 State Department memorandum, and any other directives that implement sections 3(a) and 3(c) of Executive Order No. 14169…
- 7/07/2025: Oral arguments scheduled.
- 1/10/2026: Stay ordered.
- .
Institute of Museum & Library Sciences
State of Rhode Island, et al. v. Donald J. Trump, et al.
- 5/6/25: 14238, 鈥淐ontinuing the Reduction of the Federal Bureaucracy鈥 (鈥淩eduction EO鈥), as it applies to these federal agencies, including the Institute of Museum and Library Services.
- 5/21/2025: Appeal filed USCA 25-1477
- 6/05/2025:
Rescinded OMB Memo / Funding Freeze – Issued 1/27/2025
State of New York v. Trump et al.
- 3/6/2025: ; government enjoined from implementing or giving effect to OMB Memo M-25-13 or otherwise impeding disbursement of appropriated federal funds
- 05/05/2025 Appeals 25- 1236 and 25-1413 consolidated
National Council of Nonprofits, et al. v. Office of Management and Budget, et al.
- 2/25/2025: ; government enjoined from implementing or giving effect to OMB Memo M-25-13 with respect to disbursement of federal funds
- 4/25/2025: Appeal filed USCA 25-5148