Overview
- Attorneys general from 12 Democratic-led states filed suit in the U.S. District Court in Rhode Island seeking to block HHS from enforcing new grant conditions tied to Executive Order 14168.
- The challenge targets HHS’s Grants Policy Statement, effective Oct. 1, 2025, which treats Title IX certification as including the executive order’s directives and has been adopted by agencies including CMS and NIH.
- Plaintiffs argue the policy exceeds HHS’s authority, violates the Administrative Procedure Act and the Constitution’s Spending Clause, and attempts to rewrite Title IX without rulemaking.
- The states say the requirement applies retroactively and could trigger grant terminations, repayment demands, and potential False Claims Act and criminal liability for false certifications.
- Coalition leaders cite conflicts with state anti-discrimination laws and warn that tens of billions of dollars are at stake, with New York estimating roughly $80 billion at risk, as they seek a permanent injunction.