Where Grant Litigation Stands After the Supreme Court’s Jurisdictional Ruling in NIH

Blank Rome – The Supreme Court issued a fractured, 4-1-4 ruling on its emergency docket in National Institutes of Health v. American Public Health Association on August 21, 2025. The Court’s ruling left behind a complex legal landscape, as four justices supported the view that a district court has jurisdiction to hear both a challenge to agency guidance alleged to be arbitrary and capricious, along with challenges to grant terminations based on that guidance, while four other justices contended that the entire case belongs in the Court of Federal Claims.

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