In a recent shadow docket decision (NIH v. APHA), the U.S. Supreme Court made it extremely difficult to sue federal agencies to prevent them from unilaterally terminating federal grants, sometimes after imposing unlawful funding conditions. This loophole created by the Court puts billions of dollars of funding to states, localities, and service providers at risk. Fortunately, Congress can help protect critical services and restore their power to allocate federal funding and set priorities through appropriate legislation.
Specifically, Congress should pass the Federal Funding Protection Act (H.R. 8993), which amends the jurisdiction of the federal district courts to affirm they can address these challenges by grantees, including by restoring improperly terminated grants and providing injunctive relief. Read more about it here.