Author: Gloria Nuñez

The Politicization of Research: NIH Cuts, DEI Litigation, and the Future of Health Equity Research

Under the Trump administration, hospitals, medical schools, and academic research centers have faced an increasing wave of legal and regulatory challenges to diversity, equity, and inclusion (DEI) initiatives. What began as coordinated complaints to the U.S. Department of Health and Human Services Office for Civil Rights quickly expanded into a massive wave of National Institutes of Health (NIH) grant cancellations.  

According to a Congressional Research Service review of HHS data, as of November 28, 2025, the department had terminated 977 NIH grant awards, representing approximately $1.7 billion in obligated funding, pursuant to a presidential memorandum. As noted in a dissent authored by Justice Ketanji Brown Jackson, NIH grant terminations have been historically rare. From 2012 to January 20, 2025, the NIH terminated fewer than 6 grants midstream in the 13 years. However, starting in February 2025, the administration took a drastic departure from that when they terminated $1 billion in NIH grants focused on disparities research. In the termination letter from the NIH, researchers were informed that their grants were ended because the projects allegedly “harm the health of Americans,” “offer a low return on investment,” or “fail to improve health, extend or reduce disease.” Many researchers felt that their research “was not evaluated on its merits, but nixed because words like ‘race’ or ‘gender’ were in the project’s title or description.” Additionally, in August, the NIH Director, Dr. Jay Bhattacharya, announced a new unified strategy for research priorities, stating that “research based on ideologies that promote differential treatment of people based on race or ethnicity, rely on poorly defined concepts or on unfalsifiable theories, does not follow the principles of gold-standard science.”

In June 2025, two lawsuits filed in federal court in Massachusetts challenged actions by the Trump administration and resulted in the restoration of more than 2,000 previously terminated grants. In August, the Supreme Court held that the lower court likely lacked the jurisdiction to review the termination of research grants focused on disfavored topics and populations, but declined to block the district court’s ruling. In December 2025, an additional agreement with the plaintiff required the administration to reconsider certain DEI-related research proposals, leading to the release of over 100 grants whose reviews had been on hold, and stated that decisions on additional grants would be made in the coming weeks. However, in remarks on a podcast in December last year, NIH Director Jay Bhattacharya suggested that the reinstated June grants may only offer temporary relief and could be terminated in 2026. He stated that “when it comes to renewal, those grants no longer meet NIH priorities. . . So when they come up for renewal over the course of the year, we won’t renew them.”

Physicians and academic researchers worry that the NIH cuts may slow down innovation and ultimately undermine patient care. The Association of American Medical Colleges (AAMC) has argued that these developments threaten biomedical research and academic medicine more broadly. AAMC warns that the termination of NIH grants could risk access to treatment for clinical patients and slow scientific progress. Beyond immediate funding losses, legal scholars note that the uncertainty surrounding grant renewals, shifting research priorities, and ongoing litigation has created a chilling effect within academic medicine, prompting institutions to reevaluate compliance frameworks, research portfolios, and DEI-related programming to mitigate enforcement risk. 

According to recent coverage, the researchers have now moved to remove terms related to DEI and health disparities from research grants. Additionally, organizations have compiled lists of diversity-related language based on manual reviews of grant materials, which have since been circulated among research institutions and online forums frequented by scientists. Other reports have described researchers as self-censoring their language around diversity to secure grant funding. Experts have also stated that the termination of grant programs that support students from underserved backgrounds “could close off scientific careers for individuals who wouldn’t otherwise have access to research opportunities.”

From a legal perspective, these changes represent both regulatory and funding risks. According to the AHLA Fraud and Abuse Practice Group, board and compliance officers now have toevaluate DEI programs not only under Title VI and Section 1157 frameworks, but also in light of the sustainability of the research portfolio. Compliance Officers must now review all federally funded programs to ensure eligibility requirements and documentation are in place. They must ensure that disparity-focused research is framed in scientifically and population-neutral terms. They must also closely monitor NIH statements and funding guidance updates and develop contingency plans for non-renewal scenarios. 

The Consolidated Appropriations Act, 2026 (P.L 119.75) rejected the Trump administration’s proposed 40% NIH cuts, instead providing an increase of $210 million. The legislation also included a provision blocking the Office of Management and Budget’s multi-year funding proposal, which contributed to 2,000 fewer NIH grants being awarded in 2025. This represents a promising sign for medical research, but it does not fully resolve the instability surrounding NIH priorities, grant renewals, and administrative overhaul. Whether courts ultimately constrain the executive branch’s authority to deprioritize entire categories of research remains unsettled. The central question moving forward is not only whether DEI-related programs will remain legally defensible, but also whether the nation’s biomedical research can continue to address documented disparities amid shifting political priorities.

Does Trump’s Call For Expanding IVF Access Have Any Real Legal Teeth?

Assistance with fertility care is an urgent need for many families across the United States. According to findings from the 2024 Kaiser Family Foundation(KFF) Women’s Health Survey, one in eight reproductive-age women said that they or their partner needed fertility services to help them become pregnant or prevent a miscarriage. Fifteen states require some private insurers to cover some fertility treatment, but significant gaps in coverage remain. Only one state Medicaid program covers any fertility treatment, and no Medicaid program covers artificial insemination or in vitro fertilization.

Following the Dobbs decision, the future of assisted reproductive technology (ART) has been in question. In February 2024, the Alabama Supreme Court issued a ruling declaring frozen embryos in that state to be “unborn children” for the purposes of civil liability under Alabama’s wrongful death statute. Following national outrage from the decision, in March 2024, Alabama passed a law that provides immunity from civil and criminal charges for in vitro fertilization (IVF) patients and providers, which helped restart IVF services. However, this law did not overturn the state Supreme Court’s decision, keeping the legal status of embryos as “children” under the wrongful death statute.

In response to the uproar over the Alabama case, Senate Republicans announced support for protecting nationwide access to IVF. During the 2024 presidential campaign, Donald Trump pledged to make IVF free. On February 18, 2025, President Trump signed an executive order aimed at expanding access to in vitro fertilization (IVF). Following that executive order, on October 16, 2025, the White House revealed plans to offer discounts on certain IVF medications through a new government website, TrumpRx.gov. The White House also stated that it would work to develop more options for employers to voluntarily assist with fertility and family formation costs for their employees and dependents.

Following the White House’s announcement, the American Society for Reproductive Medicine (ASRM) issued a statement noting that, although the initiative was presented as a breakthrough for affordability, “key details about its implementation, scope, and equity remain unresolved.” Regarding legal considerations, they noted that classifying fertility coverage as an “excepted benefit” could undermine consumer protections under the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA). Additionally, the announcement did not address the issue that across the country states are still navigating an evolving legal landscape that is emerging from disputes about pre-embryos making their way to court.

Many patients lack access to fertility services mainly because of high costs and limited coverage from private insurance and Medicaid. This initiative has no impact on existing state coverage mandates. As stated in the American College of Obstetrics and Gynecologists’ response to increase access to comprehensive care, employer-sponsored insurance plans should be both affordable and universally available. Coverage of IVF benefits can vary significantly and may not fully cover the entire cost of an IVF cycle, which typically ranges from $15,000 to $20,000. Many individuals facing infertility may need more than one IVF cycle. The cost of medication is just one part of the IVF process; discounts on these medications do not significantly lower the total expenses, which usually include both procedural and lab fees. As noted by KFF, laws regarding IVF insurance coverage vary, often limiting benefits to those with an infertility diagnosis and excluding single people and same-sex couples, and they do not apply to self-funded employer plans. The White House announcement leaves important gaps unaddressed. It also omits the 16 million reproductive-age individuals enrolled in Medicaid, who, even with a discount through TrumpRX, would find these treatments prohibitively expensive.

Senate Republicans have had the opportunity to support legislation that would provide comprehensive coverage of IVF and other ART treatments. However, despite their declared support, they blocked the passage of the Right to IVF twice, first in June and then in September 2024, legislation that would establish a right to IVF and ART, and help lower the costs of IVF treatments through expanded coverage. Republicans have cited increased costs to medical plans as their main concern with the bill, even though in 2024,  97% of large employers voluntarily offered fertility benefits reported no significant increase in costs to their medical plans. Despite this, the Access toFertility Treatment and Care Act, which would require most private insurance plans, as well as plans offered by Federal Employees Health Benefits Program, Medicaid, TRICARE, ERISA, and VA to provide coverage for treatment of infertility without any insurance or copays, remains a partisan bill. While the discounts are a step in the right direction, they fall short of truly enabling families to access the care they need.