A Supreme Court justice appointed by President Donald Trump is fed up.Justice Neil Gorsuch on Thursday blasted lower courts for repeatedly defying rulings from the highest court in the land, as the justices handed the Trump administration a narrow victory in a case over federal research grants.In a 5-4 decision, the Court allowed the administration to cut millions of dollars in National Institutes of Health (NIH) grants that supported projects tied to diversity, equity and inclusion (DEI) initiatives, gender identity research, and COVID-19. The NIH, the world’s largest source of public biomedical research funding, will no longer award grants based on race or DEI objectives under the ruling, The Daily Caller reported.
“This marks the third time in a matter of weeks this Court has had to reverse a lower court on an issue it had already addressed,” Gorsuch wrote, joined by Justice Brett Kavanaugh. “Lower court judges may sometimes disagree with this Court’s decisions, but they are never free to defy them.”The case arose after a federal judge in Massachusetts ordered the government to continue payments despite a Supreme Court ruling earlier this year permitting Trump to cut similar DEI-related grants. A coalition of 16 Democratic attorneys general and public health groups sued, alleging discrimination.
Justice Amy Coney Barrett provided the deciding vote. She joined conservative Justices Clarence Thomas, Samuel Alito, Gorsuch and Kavanaugh in terminating the NIH grants, but sided with Chief Justice John Roberts and the three liberal justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — to leave intact a lower court’s decision scrapping NIH guidance documents that described the agency’s policy priorities.