American Public Health Association et al v. National Institutes of Health et al.

Docket No.
25-1611
Appellate Court
First Circuit

Goal

  • Compel agency action
  • Declaration that agency action is unlawful

Issues

Case History

Why this Matters:

The plaintiffs allege that National Institute of Health’s (NIH) termination of large numbers of grants and refusal to consider pending grant applications based on grants’ connection with forbidden terms, such as “gender identity,” “diversity, equity, and inclusion,” violate the Administrative Procedure Act, the Fifth Amendment, and the Separation of Powers principle. NIH funding has led to breakthrough scientific discoveries that have been critical to minimizing death and disease and closing gaps in health. The defendants appeal the district court’s decision vacating the grant terminations.

Potential Impact:

Curtailing biomedical and behavioral research based on vague notions of “gender identity” and “diversity, equity, and inclusion” will delay scientific advancement and exacerbate health disparities.

News And Analysis (1)

24 Major Filings

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Related Litigation

Current Status

Briefing is ongoing

Legal Issues

Administrative Procedure Act - Arbitrary and Capricious, Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Lack of Statutory Authority, Administrative Procedure Act - Contrary to Constitutional Right, Administrative Procedure Act - Compel Agency Action, Fifth Amendment - Due Process Clause, Separation of Powers

Amicus Briefs for Plaintiff(s)

Biological and Biomedical Research Societies; Association of American Medical Colleges et al.; American Association of Physicians for Human Rights

Topic(s)

Funding Termination/Cuts

Date Filed
June 23, 2025
Case Type
Civil
Court Type
Appellate Court
Court
First Circuit
Judge
Kayatta, William J.; Montecalvo, Lara E.; Rikelman, Julie
Plaintiff(s)
American Public Health Association; IBIS Reproductive Health; International Union, United Automobile, Aerospace, and Agricultural Implement Workers; Brittany Charlton; Katie Edwards; Peter Lurie; Nicole Maphis
Lead Counsel For Plaintiff(s)
American Civil Liberties Union Foundation of Massachusetts, Inc.
Defendant(s)
National Institutes of Health; Jay Bhattacharya; Department of Health and Human Services; Robert F. Kennedy Jr.
Lead Counsel for Defendant(s)
Government