A federal judge on Aug. 1 declined a request from 16 states to block the National Science Foundation (NSF) from terminating research funding awarded to universities for diversity-related projects.
The ruling stems from a lawsuit filed by 16 Democrat-led states seeking a preliminary injunction to block the implementation of NSF’s priority directive that halted funding for projects aimed at increasing minority participation in science, technology, engineering, and math (STEM) fields.
In a 78-page opinion, District Judge John Cronan of the U.S. District Court for the Southern District of New York declined to issue the injunction, noting that the case involves monetary claims and therefore falls within the jurisdiction of the Court of Federal Claims.
Cronan determined that the plaintiffs had failed to demonstrate that NSF’s directive runs counter to its mandatory statutory obligations, according to the court ruling.
The judge also stated that NSF’s directive, by its terms, does not require the agency to stop supporting projects aimed at increasing participation of women, minorities, and people with disabilities in STEM fields, citing evidence presented by the plaintiffs.
For example, the University of Northern Colorado stated that NSF funding supported nine of its programs that specifically aim to promote minority participation in STEM fields. Of those, only one had its funding terminated following the change in the agency’s policies, according to the court order.
“To the contrary, the record makes clear that, under the Priority Directive, NSF continues to fund many projects that advance the congressional objectives reflected in the NSF Act,” Cronan stated.
NSF published its updated priorities on April 18, stating that efforts to broaden participation in STEM fields “aim to create opportunities for all Americans everywhere” and “should not preference some groups at the expense of others, or directly/indirectly exclude individuals or groups.”
“Research projects with more narrow impact limited to subgroups of people based on protected class or characteristics do not effectuate NSF priorities,” the directive states.
Shortly after the directive was posted, the agency terminated a number of grant awards it claimed were not aligned with its current priorities, many of which had been for the plaintiff states, according to the ruling.
The Epoch Times reached out to both the plaintiffs and NSF for comments but did not receive a response by publication time.
The states filed the lawsuit on May 28, alleging that NSF’s actions violate the laws, particularly the constitutional separation of powers, and “jeopardize America’s longstanding global leadership in STEM.”
The second NSF policy challenged in the lawsuit is the agency’s May 2 announcement that it would cap indirect costs on research projects at 15 percent. Such costs include expenses related to lab space, facility operations, and security for sensitive research.
The states that filed the lawsuit are New York, Hawaii, California, Colorado, Connecticut, Delaware, Illinois, Maryland, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Washington, Wisconsin, and Massachusetts.
Naveen Athrappully contributed to this report.
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