In a 5-4 ruling on August 21st, the Supreme Court lifted a stay on the cancellation of approximately $783 billion in NIH grants. The Trump Administration linked the canceled grants to DEI efforts. Notably, the fractured ruling held that legal challenges to the grant terminations were “contract disputes” which should be brought in the Court of Federal Claims. Also in a 5-4 outcome, the Court left in place a separate portion of the lower court ruling, which vacated internal NIH guidance documents surrounding the agency’s policy priorities that were used to justify grant terminations. This development further highlights the need for colleges and university counsel to continue to plan for and respond to funder requests and determinations, including future grant terminations. 

Please enjoy this complimentary 45-minute audio-only briefing that discusses the current landscape as of the time of the recording on September 5, 2025. In this on-demand briefing, NACUA experts, Michelle Gluck, Associate General Counsel at The Pennsylvania State University, William Ferreira, Partner at Hogan Lovells, and Aleks Sverdlov, Counsel at Hogan Lovells will: 

• Outline the meaning and impact of the Supreme Court ruling;
• Provide updated insights on the process and considerations for challenging grant terminations;
• Focus on practical effects for the research enterprise and institutional support of impacted researchers.

Note: This briefing was pre-recorded on September 5, 2025. This briefing is a follow-up to the April 11 Briefing, “The First 100 Days | Federal Grants: What Counsel Need to Know Today” and June 4 webinar, “Executive Branch Updates: A New World of Federal Fun(?)ding.