State attorney general Anne Lopez said a nationwide preliminary injunction barring the Trump administration, the U.S. Department of Health and Human Services and the National Institutes of Health from cutting billions of dollars in research funding confirms that the administration’s attempt to extend its widespread effort to slash federal spending to NIH’s coverage of indirect research costs “was as illegal and it was arbitrary.”
“Once again, the courts are sending a clear message that President Trump’s efforts to paralyze the government through arbitrary funding cuts are illegal,” Lopez said in a statement issued on Wednesday. “The people of Hawaii rightfully expect that the federal administration will act lawfully, and my department will work to protect the interests of this state.”
As part of the administration’s multipronged approach to reducing federal spending, NIH had sought to impose a 15% cap on its coverage of grant recipients’ overhead costs, which may include facilities, equipment, utilities and support staff. NIH said diverting the funding to other areas could save an estimated $4 billion.
On Feb. 10, 22 states, including Hawaii, and several academic research institutions, filed suit in Massachusetts arguing that NIH’s attempt to impose the cap violated the Administrative Procedure Act and posed a significant and unwarranted threat to thousands of grant-funded research projects.
In response to the suit, U.S. District Judge Angel Kelley issued and later extended a temporary restraining order against NIH. On Wednesday, Kelly replaced the order with the nationwide preliminary injunction, which will remain in effect until a final judgement is made.
The injunction means research at institutions like the University of Hawaii will be able to continue without interruption for the time being.
“We sincerely appreciate the attorney general’s efforts to obtain this injunction,” said UH vice president for research and innovation Vassilis Syrmos. “NIH’s proposed drastic reduction of our facilities and administrative rate would result in the elimination of approximately $16.5 million in funding that the University of Hawaii uses to support its research programs and graduate students, including debt service payments for facilities that support translational research and clinical trials.
“As our state’s only medical school, (the John A. Burns School of Medicine) is required to do research that benefits our population,” Syrmos continued. “The level and quality of research cannot be sustained with the proposed cuts. The negative impact on communities in Hawaii and elsewhere that already experience the highest rates of chronic disease, more severe health conditions, and shortened life expectancies, will be severe.”
The state is represented in this litigation by special assistant to the attorney general Dave Day and solicitor general Kalikoonalani Fernandes.
“We are very pleased with this decision,” Day and Fernandes said in a joint statement issued on Wednesday. “The relief obtained in this case for the University of Hawaii underscores the importance of standing up for the rule of law and the interests of Hawaii against unlawful federal actions.”
Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.
