Current Status of Executive Order 14172, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity"
Preliminary Injunction Issued:
- February 21, 2025: A federal district court in Maryland granted a nationwide preliminary injunction, blocking the enforcement of key provisions of Executive Order 14173. The court found that the plaintiffs demonstrated a likelihood of success on claims that certain order sections violate constitutional protections of free speech and due process. The order mandated that federal contractors and grantees certify compliance with all applicable federal anti-discrimination laws, which the court found potentially overbroad and vague.
Ongoing Legal Challenges:
- February 19, 2025: Civil rights organizations, including the National Urban League, filed a lawsuit in the U.S. District Court for the District of Columbia, challenging Executive Order 14173 alongside other related orders.
- February 20, 2025: Multiple LGBTQ and HIV advocacy groups filed a lawsuit in the U.S. District Court for the Northern District of California, contesting the legality of Executive Order 14173 and similar directives.
Current Status of NIH proposed cap on IDCR at 15%
As of February 23, 2025, a federal judge has extended a temporary restraining order (TRO) that blocks the National Institutes of Health (NIH) from capping indirect costs paid to universities and medical schools. The TRO will remain in place while the judge decides whether to issue a preliminary injunction.
Summary
The legal challenges will likely prolong the uncertainty about the actions and impact of the executive orders and the NIH cap on indirect charges. Similarly, communication from funding agencies could be delayed while these challenges are resolved. The Division of Research will continue to monitor and advise as more is known. The Division of Research recommends that you:
- Continue to apply for grants. You should proceed with applications unless otherwise notified by the funding agency. If you have questions, contact the funding agency or the program officer by email or phone. OSP can help guide you on the status of funding opportunities that you are interested in.
- Please ensure you progress on your current funding research grants. Regular monitoring of your expenditures is highly recommended. Complete reports on time to ensure compliance. Complete work based on your performance period for the overall statement of work unless otherwise notified by the funding agency. Resources for monitoring your award are available in the . Please communicate any correspondence from the funding agency to OSP as soon as you receive it.