New York v. National Science Foundation
AGs sue to stop the National Science Foundation's cuts to programs and funding to organizations supporting women, minorities, the disabled, and research into programs studying misinformation and combatting environmental justice.
- Categories
- Date Filed May 28, 2025
- Litigation Status Challenged policy permanently allowed
On May 28, 2025, Hawai’i Attorney General Anne Lopez and New York Attorney General Letitia James co-led a coalition of 16 attorneys general in filing a lawsuit in federal court in New York against the National Science Foundation (NSF) and its Acting Director, Brian Stone, to block the Trump administration’s attempts to cut research projects and programs promoting diversity in science, technology, engineering, and math (STEM).
The lawsuit alleges that the Trump administration’s plan to unlawfully cap indirect costs at 15% would force research centers like universities to eliminate key resources, infrastructure, and staff members that allow America’s scientific institutions to function as they long have. These eliminations threaten to hamper the ability of scientists in the United States to continue vital scientific research that has made the nation a global leader in STEM. These programs include Diversity, Equity, and Inclusion (DEI) programs that support talented young people of underrepresented backgrounds to participate in research. Without them, fewer women and minorities would be able to enter STEM fields.
The plaintiffs argue that the Trump administration’s indirect-cost cap violates Congress’ directive to the NSF to implement DEI programs as part of its “core strategy” because the cap’s funding constraints would render these programs inoperable. The executive branch’s attempt to unilaterally alter congressionally mandated NSF policy would violate both the Administrative Procedure Act and the Constitution, as only Congress can make and alter law. The coalition’s lawsuit seeks a court order declaring that the new NSF policies are illegal and blocking their implementation.
On August 1, 2025, the Judge John P. Cronan found that the District Court lacked jurisdiction and denied the coalition’s Motion for a Preliminary Injunction. The court held they lack jurisdiction because the financial claims must be filed in the Court of Federal Claims because they seek monetary relief from the government exceeding $10,000 in value. The case continues to make its way through the courts.
On August 22, 2025, the coalition of attorneys general filed a motion to dismiss the lawsuit without prejudice, which would allow them to refile the case in the future if they so choose.
Efforts to cut National Science Foundation programs are an attack on both scientific progress and the hard-won strides made toward opening doors for underrepresented communities in STEM. NSF programs are vital for expanding access to opportunity for women, people with disabilities and people of color in STEM who have historically been left out of these fields, as Congress itself has recognized in passing federal laws saying just that. The state of Hawai’i is committed to protecting the rule of law. Attorney General Anne Lopez
Case Details
AG Posture
PlaintiffPlaintiffs
- New York
- Hawaii
- California
- Colorado
- Connecticut
- Delaware
- Illinois
- Maryland
- Massachusetts
- Nevada
- New Jersey
- New Mexico
- Oregon
- Rhode Island
- Wisconsin
- Washington