The James H. Shannon Building on the NIH campus in Bethesda, Maryland. (Photo by  Lydia Polimeni, National Institutes of Health)

Sixteen states with Democratic attorneys general sued the National Institutes of Health on Friday, claiming the agency has purposefully delayed and disrupted medical research grant awards and terminated grants that had already been issued.

In an 82-page complaint that names Health and Human Services Secretary Robert F. Kennedy Jr. and NIH Director Jayanta Bhattacharya as defendants, the attorneys general said since President Donald Trump retook office, NIH has delayed the review approvable process for grants that should have been awarded.

The agency has refused to pay for multi-year grants that were approved under previous administrations, citing disagreements over race and gender issues, the suit filed in U.S. District Court for the District of Massachusetts says.

Massachusetts, California, Maryland, Washington, Arizona, Colorado, Delaware, Hawaii, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island and Wisconsin filed the suit.

NIH work ‘in jeopardy’

The attorneys general in those states praised the NIH as “the crown jewel” of health research that has fueled medical breakthroughs and spurred economic growth across the country.

“That critical work is now in jeopardy,” they wrote. “By law, NIH provides much of its support for scientific research and training in the form of grants to outside institutions. Since January, however, the current Administration has engaged in a concerted, and multi-pronged effort to disrupt NIH’s grants.”

Starting last month, NIH sent “hundreds of letters” to research institutions in the states canceling grants that had already been issued. The institutions were told the grants “no longer effectuate… agency priorities,” according to the complaint.

Those cancellations stem from three executive orders Trump signed on his first day back in office targeting diversity, equity and inclusion initiatives and recognition of transgender people. Agency leaders followed up with directives to pause related grants.

The letters to research institutions declare “the grant in question has been terminated because of some connection to ‘DEI,’ ‘transgender issues,’ “vaccine hesitancy,” or another topic disfavored by the current Administration,” the attorneys general wrote.

HHS did not immediately respond to a request for comment Friday.

Yet another legal battle

The department is also facing a suit from a wider group of Democratic states over the cancellation of other grants that were initially issued during the COVID-19 pandemic. Those states say the department overrode extensions of the grants and rescinded $11 billion in funding that has led to layoffs and work stoppages.

A federal judge on Thursday ordered those grants to be temporarily restored as the case unfolds.