WA joins lawsuit against Trump administration to block cuts to medical research funding

Washington has joined 21 states in a lawsuit against the National Institute of Health after the agency announced it would cut funding to research .

The lawsuit, which was filed in the in U.S. District Court for Massachusetts on Monday, alleges the NIH’s decision to cut “indirect cost” reimbursements across the country to 15% would directly impact research throughout the country, including in Washington. The lawsuit is led by the Massachusetts, Illinois and Michigan attorney’s general.

According to the lawsuit, the NIH’s announcement Friday violates the Administrative Procedure Act, which prohibits the agency from mandating “categorial and indiscriminate” changes to indirect cost payments.

“President Trump is trying to do the same thing he tried during his first term and the Administration must know it is illegal,” Attorney General Nick Brown said in a statement. “NIH provides lifesaving medical, agricultural, and public health research the people of Washington depend on. This attempt to curtail scientific research could have long-lasting impacts for generations to come.”

According to the lawsuit, WSU previously negotiated reimbursement rates for indirect costs of 53% for on-campus research and 26% for off-campus research and would lose more than $5 million this year if the change takes effect. The payments help cover administrative and facility costs that universities say are necessary but not attributable to a single project.

The NIH order that limited reimbursement noted that many respected institutions that award money for research projects cap indirect costs more of the money is focused on the research. The Robert Wood Johnson Foundation caps indirect costs on grants they award at 12% and the Gates Foundation caps those costs for universities at 10%, according to the NIH order.

NIH argued the 15% cap is reasonable.

“This rate will allow grant recipients a reasonable and realistic recovery of indirect costs while helping NIH ensure that grant funds are, to the maximum extent possible, spent on furthering its mission,” the new NIH policy said.

The cuts, the lawsuit alleges, would send “shockwaves throughout WSU” and could result in the university potentially closing some facilities while limiting research at others.

According to the lawsuit, the cuts would also “instantly deprive UW of hundreds of millions of dollars it currently puts toward conducting the vital research and medical care” funded by NIH grants.

“Washington is a leader in cutting-edge scientific research. If the Trump Administration’s unlawful action is allowed to go forward, it would be disastrous for the important work happening at our research institutions,” said Washington Gov. Bob Ferguson. “I will work with our Attorney General and experts at our universities to ensure these dollars are protected from unlawful federal overreach.”

Monday’s lawsuit is the fourth Washington has brought or joined against the Trump administration. Brown previously filed suits in federal court to block the federal government’s attempt to end birthright citizenship and joined states throughout the country after the White House attempted to freeze federal funding and grants.

Last week, Brown joined Minnesota and Oregon in a lawsuit to stop President Donald Trump’s executive order blocking funding to medical institutions who provide gender-affirming care to those under 19 years old.