Judge allows the National Science Foundation to withhold hundreds of millions of research dollars
U.S. District Judge John Cronan in New York declined to force the NSF to restart payments immediately, while the case is still being decided, as requested by the sixteen Democrat-led states who brought the suit, including New York, Hawaii, California, Colorado and Connecticut.
In his ruling, Cronan said he would not grant the preliminary injunction in part because it may be that another court, the Court of Federal Claims, has jurisdiction over what is essentially a case about money. He also said the states failed to show that NSF's actions were counter to the agency's mandate.
The lawsuit filed in May alleges that the National Science Foundation's new grant-funding priorities as well as a cap on what's known as indirect research expenses 'violate the law and jeopardize America's longstanding global leadership in STEM.'
Another district court had already blocked the the cap on indirect costs — administrative expenses that allow research to get done like paying support staff and maintaining equipment. This injunction had been requested to restore funding to the grants that were cut.
In April, the NSF announced a new set of priorities and began axing hundreds of grants for research focused on things like misinformation and diversity, equity and inclusion. Researchers who lost funding also were studying artificial intelligence, post-traumatic stress disorder in veterans, STEM education for K-12 students and more.
Researchers were not given a specific explanation for why their grants were canceled, attorney Colleen Faherty, representing the state of New York, said during last month's hearing. Instead, they received boilerplate language stating that their work 'no longer effectuates the program goals or agency priorities."
NSF has long been directed by Congress to encourage underrepresented groups like women and people with disabilities to participate in STEM. According to the lawsuit, the science foundation's funding cuts already halted efforts to train the next generation of scientists in fields like computer science, math and environmental science.
A lawyer for the NSF said at the hearing that the agency has the authority to fund whatever research it deems necessary — and has since its inception in 1950. In the court filing, the government also argued that its current priorities were to 'create opportunities for all Americans everywhere' and 'not preference some groups at the expense of others, or directly/indirectly exclude individuals or groups.'
The plaintiff states are trying to 'substitute their own judgement for the judgement of the agency," Adam Gitlin, an attorney for the NSF, said during the hearing.
The science foundation is still funding some projects related to expanding representation in STEM, Cronan wrote in his ruling. Per the lawsuit filed in May, for example, the University of Northern Colorado lost funding for only one of its nine programs focused on increasing participation of underrepresented groups in STEM fields.
The states are reviewing the decision, according to spokespeople from the New York and Hawaii attorney general offices. The National Science Foundation declined to comment.
___
The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute's Department of Science Education and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.
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Harnessing the power of biotechnology, chemistry and genetic medicine, our scientists are urgently advancing new discoveries to solve some of the world's most significant health challenges: redefining diabetes care; treating obesity and curtailing its most devastating long-term effects; advancing the fight against Alzheimer's disease; providing solutions to some of the most debilitating immune system disorders; and transforming the most difficult-to-treat cancers into manageable diseases. With each step toward a healthier world, we're motivated by one thing: making life better for millions more people. That includes delivering innovative clinical trials that reflect the diversity of our world and working to ensure our medicines are accessible and affordable. To learn more, visit and or follow us on Facebook, Instagram and LinkedIn. P-LLY Endnotes and References: The efficacy estimand represents efficacy had all randomized participants remained on study intervention (with possible dose interruptions and modifications) for 72 weeks without initiating prohibited weight management treatments. The treatment-regimen estimand represents the estimated average treatment effect regardless of adherence to study intervention or initiation of prohibited weight management treatments. Ma X, Liu R, Pratt EJ, Benson CT, Bhattachar SN, Sloop KW. Effect of Food Consumption on the Pharmacokinetics, Safety, and Tolerability of Once-Daily Orally Administered Orforglipron (LY3502970), a Non-peptide GLP-1 Receptor Agonist. Diabetes Ther. 2024 Apr;15(4):819-832. doi: 10.1007/s13300-024-01554-1. Epub 2024 Feb 24. PMID: 38402332; PMCID: PMC10951152. T. Kawai, B. Sun, H. Yoshino, D. Feng, Y. Suzuki, M. Fukazawa, S. Nagao, D.B. Wainscott, A.D. Showalter, B.A. Droz, T.S. Kobilka, M.P. Coghlan, F.S. Willard, Y. Kawabe, B.K. Kobilka, & K.W. Sloop, Structural basis for GLP-1 receptor activation by LY3502970, an orally active nonpeptide agonist, Proc. Natl. Acad. Sci. U.S.A. 117 (47) 29959-29967, (2020). Cautionary Statement Regarding Forward-Looking Statements This press release contains forward-looking statements (as that term is defined in the Private Securities Litigation Reform Act of 1995) about orforglipron as a potential treatment for adults with obesity or overweight, Lilly's ability to supply orforglipron, if approved, and the timeline for future readouts, presentations, and other milestones relating to orforglipron and its clinical trials and reflects Lilly's current beliefs and expectations. However, as with any pharmaceutical product, there are substantial risks and uncertainties in the process of drug research, development, and commercialization. Among other things, there is no guarantee that planned or ongoing studies will be completed as planned, that future study results will be consistent with study results to date, that orforglipron will prove to be a safe and effective treatment for obesity or overweight, that orforglipron will receive regulatory approval, or that Lilly will execute its strategy as expected. For further discussion of these and other risks and uncertainties that could cause actual results to differ from Lilly's expectations, see Lilly's Form 10-K and Form 10-Q filings with the United States Securities and Exchange Commission. Except as required by law, Lilly undertakes no duty to update forward-looking statements to reflect events after the date of this release. Trademarks and Trade NamesAll trademarks or trade names referred to in this press release are the property of the company, or, to the extent trademarks or trade names belonging to other companies are references in this press release, the property of their respective owners. Solely for convenience, the trademarks and trade names in this press release are referred to without the ® and ™ symbols, but such references should not be construed as any indicator that the company or, to the extent applicable, their respective owners will not assert, to the fullest extent under applicable law, the company's or their rights thereto. We do not intend the use or display of other companies' trademarks and trade names to imply a relationship with, or endorsement or sponsorship of us by, any other companies. Refer to: Brooke Frost; 317-432-9145 (Media)Michael Czapar; czapar_michael_c@ 317-617-0983 (Investors) View original content to download multimedia: SOURCE Eli Lilly and Company Sign in to access your portfolio
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