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The Supreme Court issued a fractured, 4-1-4 <a href="/news-and-events/supreme-court-weighs-second-time-jurisdiction-over-grant-termination-cases/" id="25839">ruling</a> on its emergency docket in National Institutes of Health v. American Public Health Association, No. 25A103, 606 U.S. ____ (2025) (per curiam) (“NIH”) on August 21, 2025.

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The Court’s ruling left behind a complex legal landscape, because four justices wrote that a district court has jurisdiction to hear both a challenge to agency guidance alleged to be arbitrary and capricious, and challenges to grant terminations based on that guidance. Four other justices wrote that the entire case (i.e., both the challenge to the agency guidance and the challenge to grant terminations based on that guidance) belongs in the Court of Federal Claims. In the end, the outcome was controlled by a single justice (Justice Barrett), who decided the jurisdictional issue in a manner inconsistent with the views of eight justices. In her controlling concurrence, Justice Barrett ruled that a district court has jurisdiction to hear a challenge to agency guidance, but lacks jurisdiction to hear challenges to grant terminations based on that guidance because grant termination challenges are subject to the Tucker Act and therefore belong in the Court of Federal Claims.

To read the full post, visit our&nbsp;<a href="https://governmentcontractsnavigator.com/2025/09/15/where-grant-litigation-stands-after-the-supreme-courts-jurisdictional-ruling-in-nih/">Government Contracts Navigator</a>&nbsp;blog.

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

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

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

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