Commonwealth of Massachusetts et al. v. Kennedy et al.

Docket No.
25-1612
Appellate Court
First Circuit

Goal

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

Issues

Case History

Why this Matters:

The plaintiffs allege that the National Institutes 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 Spending Clause, and separation of powers. This appeal addresses whether the district court erred in issuing a partial final decision against the defendants.

Potential Impact:

Curtailing scientific 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)

25 Major Filings

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Related Litigation

Current Status

Briefing is ongoing

Important Date

Defendants' Reply Brief Due

Legal Issues

Administrative Procedure Act - Arbitrary and Capricious, Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Compel Agency Action, Ultra Vires, Separation of Powers, Spending Clause

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 24, 2025
Case Type
Civil
Court Type
Appellate Court
Court
First Circuit
Plaintiff(s)
Commonwealth of Massachusetts; State of California; State of Maryland; State of Washington; State of Arizona; State of Colorado; State of Delaware; State of Hawai'i; State of Minnesota; State of Nevada; State of New Jersey; State of New Mexico; State of New York; State of Oregon; State of Rhode Island; State of Wisconsin
Lead Counsel For Plaintiff(s)
Government
Defendant(s)
Robert F. Kennedy, Jr.; Department of Health & Human Services; Jayanta Bhattacharya; National Institutes of Health; National Cancer Institute; National Eye Institute; National Heart, Lung, and Blood Institute; National Human Genome Research Institute; National Institute on Aging; National Institute on Alcohol Abuse and Alcoholism; National Institute of Allergy and Infectious Diseases; National Institute of Arthritis and Musculoskeletal and Skin Diseases; National Institute of Biomedical Imaging and Bioengineering; Eunice Kennedy Shriver National Institute of Child Health and Human Development; National Institute on Deafness and Other Communication Disorders; National Institute of Dental and Craniofacial Research; National Institute of Diabetes and Digestive and Kidney Diseases; National Institute on Drug Abuse; National Institute of Environmental Health Sciences; National Institute of General Medical Sciences; National Institute of Mental Health; National Institute on Minority Health and Health Disparities; National Institute of Neurological Disorders and Stroke, National Institute of Nursing Research; National Library of Medicine; National Center for Advancing Translational Sciences; John E. Fogarty International Center for Advanced Study in the Health Sciences; National Center for Complementary and Integrative Health; and Center for Scientific Review
Lead Counsel for Defendant(s)
Government