No. 25A103
National Institutes of Health, et al. v. American Public Health Association, et al.
Amici (2)
Experienced Counsel
Tags: administrative-law agency-discretion grant-termination judicial-review research-funding subject-matter-jurisdiction
Key Terms:
AdministrativeLaw SocialSecurity JusticiabilityDoctri
AdministrativeLaw SocialSecurity JusticiabilityDoctri
Latest Conference:
N/A
Question Presented (AI Summary)
Whether federal agencies have unreviewable discretion to terminate scientific research grants without providing specific justification or adhering to established procedural standards
Question Presented (from Petition)
No question identified. : Statement.. A. B. Argument.. A. C. Conclusion
Docket Entries
2025-08-21
Application (25A103) referred to the Court.
2025-08-21
Application (25A103) for stay presented to Justice Jackson and by her referred to the Court is granted in part and denied in part. The application is granted as to the District Court’s judgments vacating the Government’s termination of various research-related grants. See <i>Department of Ed.</i> v. <i>California</i>, 604 U. S. ___ (2025) (<i>per curiam</i>). [See Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=16'>Opinion</a> for full order language] The application is otherwise denied.
Paragraphs 3 and 4 of the June 23, 2025 order of the United States District Court for the District of Massachusetts, case No. 1:25–cv–10787, and paragraph II of the June 23, 2025 order of the United States District Court for the District of Massachusetts, case No. 1:25–cv–10814, are stayed pending the disposition of the appeal in the United States Court of Appeals for the First Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the issuance of the judgment
of the Court. The Government may raise its arguments as to the remainder of the District Court’s judgments in the ordinary course.
The Chief Justice, Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the application in full.
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application in full.
(Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=8'>Opinion</a>)
Justice Barrett concurs. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf'>Opinion</a>)
The Chief Justice, with whom Justice Sotomayor, Justice Kagan, and Justice Jackson join, concurs in parts and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=16'>Opinion</a>)
Justice Gorsuch, with whom Justice Kavanaugh joins, concurs in parts and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=8'>Opinion</a>)
Justice Kavanaugh co
2025-08-21
Application (25A103) for stay presented to Justice Jackson and by her referred to the Court is granted in part and denied in part. The application is granted as to the District Court’s judgments vacating the Government’s termination of various research-related grants. See <i>Department of Ed.</i> v. <i>California</i>, 604 U. S. ___ (2025) (<i>per curiam</i>). [See Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=16'>Opinion</a> for full order language] The application is otherwise denied.
The Chief Justice, Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the application in full.
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application in full.
(Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=7'>Opinion</a>)
Justice Barrett concurs. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf'>Opinion</a>)
The Chief Justice, with whom Justice Sotomayor, Justice Kagan, and Justice Jackson join, concurs in parts and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=16'>Opinion</a>)
Justice Gorsuch, with whom Justice Kavanaugh joins, concurs in part and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=7'>Opinion</a>)
Justice Kavanaugh concurs in part and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=13'>Opinion</a>) Justice Jackson concurs in part and dissents in part. (Detached Opinion)
2025-08-04
Reply of National Institutes of Health, et al. in support of application submitted.
2025-08-04
Reply of applicant National Institutes of Health, et al. filed.
2025-08-01
Response to application from respondents Massachusetts, et al. filed.
2025-08-01
Response to application from respondents American Public Health Association, et al. filed.
2025-08-01
Amicus brief of American Society for Biochemistry and Molecular Biology, Federation of American Societies for Experimental Biology, American Society for Microbiology, American Society for Cell Biology submitted.
2025-08-01
Amicus brief of The Association of American Medical Colleges, The Association of American Universities, The Association of Public and Land-grant Universities, The American Council on Education, The National Association of Independent Colleges and Universities, COGR, The American Association of State Colleges and Universities, and the Association of Governing Boards of Universities and Colleges submitted.
2025-08-01
Brief amicus curiae of The Association of American Medical Colleges, et al. filed.
2025-08-01
Brief amicus curiae of American Society for Biochemistry and Molecular Biology, Federation of American Societies for Experimental Biology, American Society for Microbiology, American Society for Cell Biology filed.
2025-07-25
Response to application (25A103) requested by Justice Jackson, due by 4p.m. (EDT) on August 1, 2025.
2025-07-24
Application (25A103) for a stay, submitted to Justice Jackson.
Attorneys
American Public Health Association, et al.
Rachel Meeropol — American Civil Liberties Union Foundation, Respondent
Rachel Meeropol — American Civil Liberties Union Foundation, Respondent
American Society for Biochemistry and Molecular Biology, Federation of American Societies for Experimental Biology, American Society for Microbiology, American Society for Cell Biology
Megan Barbero — Venable LLP, Amicus
Megan Barbero — Venable LLP, Amicus
Commonwealth of Massachusetts et al.
Gerard Justin Cedrone — Office of the Attorney General, Respondent
Gerard Justin Cedrone — Office of the Attorney General, Respondent
National Institutes of Health, et al.
D. John Sauer — Solicitor General, Petitioner
D. John Sauer — Solicitor General, Petitioner
The Association of American Medical Colleges, The Association of American Universities, The Association of Public and Land-grant Universities, The American Council on Education, The National Association of Independent Colleges and Universities, COGR, The
Lindsay C. Harrison — Jenner & Block, LLP, Amicus
Lindsay C. Harrison — Jenner & Block, LLP, Amicus