American Association of University Professors et al. v. Department of Justice et al.

Docket No.
25-1529
Appellate Court
Second Circuit

Goal

  • Block enforcement of an agency action
  • Compel agency action
  • Declaration that agency action is unlawful

Issues

Case History

Why this Matters: 

Plaintiffs allege that defendants’ previous withholding of federal funds for research grants and contracts, and continued threats to withhold future funds, usurps Congress’ Article I legislative powers and violates the Administrative Procedure Act, the Due Process Clause of the Fifth Amendment, the Tenth Amendment, and the First Amendment. This appeal addresses whether the district court erred in denying the plaintiffs’ motion for preliminary injunction and dismissing the case for lack of standing.

Potential Impact:

Loss of federal funding by higher education institutions compromises academic freedom and significantly reduces research operations, thus jeopardizing their ability to conduct critical research.

 

News And Analysis (1)

10 Major Filings

Related Litigation

Current Status

Briefing is ongoing

Important Date

Defendants' Response Brief Due

Legal Issues

Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Lack of Statutory Authority, Administrative Procedure Act - Arbitrary and Capricious, First Amendment - Free Speech Clause, Separation of Powers, Ultra Vires, Fifth Amendment - Due Process Clause, Tenth Amendment, Spending Clause

Amicus Briefs for Plaintiff(s)

Chemerinsky et al.; Jewish Council for Public Affairs; American Civil Liberties Union et al.; United Auto Workers; Foundation for Individual Rights and Expression

Topic(s)

Funding Termination/Cuts

Date Filed
June 18, 2025
Court Type
Appellate Court
Court
Second Circuit
Plaintiff(s)
American Association of University Professors; American Federation of Teachers
Lead Counsel For Plaintiff(s)
The Protect Democracy Project, Inc.
Defendant(s)
Department of Justice; Pamela Bondi; Leo Terrell; Department of Education; Linda McMahon; Thomas E. Wheeler; Department of Health and Human Services; Robert F. Kennedy, Jr.; Sean R. Keveney; National Institutes of Health; Matthew J. Memoli; General Services Administration; Stephen Ehikian; Josh Gruenbaum
Lead Counsel for Defendant(s)
Government