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Supreme Court, 5-4, Lets NIH Cancel $783 Million in DEI-Linked Grants

The interim order preserves the lower court’s vacatur of NIH guidance, signaling that challenges to payment obligations likely belong in the Court of Federal Claims.

Overview

  • The unsigned order lifts an injunction requiring continued payments, allowing NIH to proceed with terminations totaling about $783 million.
  • Justice Amy Coney Barrett cast the decisive vote, agreeing to permit cancellations while keeping the district court’s rejection of NIH guidance in force.
  • The majority indicated challenges to specific grant payments should be brought in the U.S. Court of Federal Claims rather than in district court.
  • Chief Justice John Roberts joined Justices Sotomayor, Kagan and Jackson in dissent, and separate writings from Justices Gorsuch and Jackson highlighted sharp divisions.
  • The underlying suits by 16 states and public‑health groups continue after a June ruling that deemed the mass cancellations arbitrary and discriminatory.