The Trump administration is still prohibiting National Institutes of Health (NIH) staff from issuing virtually all grant funding, an NIH official tells Popular Information. The ongoing funding freeze is also reflected in internal correspondence reviewed by Popular Information and was reiterated to staff in a meeting on Monday. The funding freeze at NIH violates two federal court injunctions, two legal experts said.
The funding freeze at NIH puts all of the research the agency funds at risk. As the primary funder of biomedical research in the United States, NIH-funded research includes everything from cancer treatments to heart disease prevention to stroke interventions.
I agree with much of what you say, but I was confused because the judge blocking the executive order isn’t the same as trying to make the administration do a thing; it’s more like telling the people at the NIH “ignore what that guy just said, business as usual (for now, at least)”. If that’s the case, I’m unclear on why things are still blocked up at the NIH. Because of this, I took the radical step of reading the linked article.
In many ways, it didn’t help; I suppose it makes sense that one of the harms of someone willfully breaking the rules is that it becomes harder to discern what those rules actually are (were?). However, one of the lawyers quoted in the article suggests that the NIH officials who are currently carrying out the blocked order may be in contempt of court. This makes sense to me, based on the understanding I outlined above. But wait, there’s more.
After the block continued to be de facto in place despite being blocked de jure, the judge issued another ruling to try to force the Trump administration to rescind the order. This is concerning because as you highlight, this Judge has no recourse to enforce this judgement. Whereas before, the blocking of the order was the Judge speaking to the NIH officials, those top officials have seemingly gone “no, we’re not listening to you, we’re listening to him”. As I have said, they may be in contempt of court by doing this, but that’s not relevant when we’re looking at urgently ensuring that years of research isn’t ruined by this. By issuing a new ruling to try to force Trump to rescind the order, the judge has been forced to step outside of normal procedure in a way where they’re doomed to fail; it’s fairly obvious that Trump will go “no, make me”, and then fuck knows what the judge is going to do.
I think the judge knows this too, but what the fuck can they do (in their role as a judge) in this situation? Oh man, it’s so fucked.