NIH Legal Adviser Warns Agency: Don't Re-Terminate 900 Grants
March 20, 2026 · 2 min read
Jared Klein
Government lawyers have advised National Institutes of Health staff that approximately 900 grants covering politically sensitive topics — including transgender health, COVID-19, and health disparities research — should remain in place, even after the Supreme Court stayed a lower court order that had required their restoration.
The Legal Whiplash Behind 2,300 Terminated Grants
The saga began in early 2025, when the Trump administration directed NIH to terminate an estimated 2,300 grants tied to executive orders targeting DEI-related research, vaccine hesitancy studies, and health equity programs. In June 2025, U.S. District Judge William Young ordered NIH to restore the terminated grants, ruling the cancellations were unlawful.
NIH complied, restoring more than 2,000 awards. But in a 5-4 preliminary ruling two months later, the Supreme Court stayed Judge Young's order, with Justice Amy Coney Barrett writing for the majority that the district court "likely lacked jurisdiction" and that such challenges belong in the Court of Federal Claims.
The twist: despite winning at the Supreme Court, NIH did not reverse course. Senior NIH official Michelle Bulls instructed employees to "not terminate any additional grant projects," and government lawyers have told staff that roughly 900 grants on sensitive topics should stay funded.
What This Means for Funded Researchers
For principal investigators holding these awards, the internal guidance provides temporary stability — but not certainty. A future executive directive could override the legal counsel's recommendation at any time. The roughly 900 grants in question span research areas the administration has flagged as politically objectionable, but which NIH's own legal advisers view as legally defensible under current authorities.
The situation underscores a broader tension at NIH between political directives and institutional legal judgment. Researchers whose grants were restored should document compliance with all current terms and maintain close communication with their program officers. Grant seekers tracking the evolving NIH funding landscape can find ongoing analysis at grantedai.com. In-depth coverage is available on the Granted blog.