‘Ideal time to settle’: Federal judge pushes Trump admin in landmark research funding case
A federal judge on Tuesday urged a group of around a dozen lawyers circled up in a corner of the Boston courtroom to consider a settlement over cuts to National Institutes of Health research grants.
“This is the ideal time to settle this case,” Judge William Young told the attorneys after stepping off his bench.
The discussion of a potential settlement comes after the Supreme Court ruled that Young didn’t have jurisdiction to restore hundreds of grants from the NIH.
Young continued by stating that they have a “big incentive to try to settle, to lock that in” and told a Trump administration lawyer, Samuel Hobbs, not to “tease” the lawyers on the opposing side.
No offer had been discussed prior to Young’s proposal, Hobbs said during the conversation.
Young proposed a 15-minute recess to discuss a potential settlement could be reached. Hobbs said he wasn’t “especially optimistic that it is worthwhile.”
The 15-minute recess turned into around 45 minutes, where the attorneys met in the hallway of the court building, once again circling up in a sea of suits.
They determined that more time was needed so that the lawyers could determine whether an agreement was possible — a deal specifically focused on whether NIH grant applications may proceed, according to Olga Akselrod, senior counsel in ACLU’s Racial Justice Program.
The case was adjourned until Thursday at 10 a.m., according to Akselrod.
If a settlement can’t be reached, it will proceed to trial, which is set for September 15, she said.
Young’s discussion of a settlement came after he apologized that morning in court to the Supreme Court, stating that he didn’t intend to defy its precedential action.
Young and the lawyers representing the Trump administration declined to comment about a potential settlement. Hobbs — for the Trump administration — said he was declining to comment as part of Department of Justice policy. Young declined to comment through a spokesperson due to the matter being an ongoing court case.
What happened between Young and the Supreme Court?
In June, Young ordered that the National Institutes of Health’s directives were unlawful. Those grants were cut over “disfavored topics and populations,” including diversity, equity and inclusion.
He also ordered the Trump administration to restore hundreds of grants from NIH, which amounted to $783 million worth of grants.
“I’ve sat on this bench now for 40 years. I’ve never seen government racial discrimination like this,” Young said at the time.
In August, the Supreme Court partly stayed the district court’s judgment. While the Supreme Court didn’t invalidate Young’s judgment on the guidance, it determined that Young lacked the jurisdiction to restore the grants.
The Supreme Court ruled that court cases like these should be put in the Court of Federal Claims — but the “guidance” issue must make it all the way through the courts before individual grant cancellations can be disputed.
As such, legally, future grants can’t be terminated along Trump’s guidance due to ties to Diversity, Equity and Inclusion programming. However, the grants that Young ordered to be restored are now in limbo — neither terminated nor active.
Who is behind the lawsuit?
There were two court cases that were heard jointly on Tuesday. One, which was filed in April , was filed by individual researchers; the American Public Health Association; International Union, United Automobile, Aerospace and Agricultural Implement Workers of America; and Ibis Reproductive Health.
They are represented by the American Civil Liberties Union, the ACLU of Massachusetts , Protect Democracy and the Center for Science in the Public Interest.
An associate professor at Harvard Medical School, Brittany Charlton, is one of those suing . Her funding to study the mental health of young LGBTQ people was cut, affecting a team of 18 researchers and causing students to fear for their safety.
The other case was filed by Massachusetts and a group of over a dozen Democratic states, similarly stating that the cuts to research grants were illegal.
At the same time, Harvard University is anxiously waiting for a decision from a different federal judge over its lawsuit against the Trump administration seeking to restore canceled government funding for the university .
The recent Supreme Court decision might change the trajectory of the lawsuit.
Jodie Ferise, partner at higher education law practice at Church Church Hittle and Antrim law firm, said the result could have consequences across higher education, which has been in the cross hairs of the Trump administration .
“Harvard has been carrying higher ed on its back. Harvard’s been graciously serving as this torchbearer while other institutions have capitulated. But I think much of that was because on the horizon was winning on the merits. And now, I would imagine it does bring additional weight to bear,” Ferise said.
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