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Judge Extends Block on N.I.H. Medical Research Cuts

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Judge Extends Block on N.I.H. Medical Research Cuts

A federal judge on Friday agreed to extend an order blocking the National Institutes of Health from reducing grant funding to institutions conducting medical and scientific research until she could come to a more lasting decision.

Judge Angel Kelley of the Federal District Court for the District of Massachusetts had temporarily blocked the Trump administration’s cuts from taking effect earlier this month, with that hold set to expire on Monday. That teed up an urgent hearing on Friday in which states and associations representing those institutions urged her to consider halting the cuts more permanently.

The stakes of the lawsuit were put in stark relief during one portion of Friday’s hearing that focused on “irreparable harm,” in which Judge Kelley asked both sides to explain whether the suspension of the funds amounted to an irreversible blow to the universities and hospitals across the country that depend on the funding.

The N.I.H. has proposed cutting around $4 billion in grants it provides for “indirect costs,” which it has described as tangential expenditures for things like facilities and administrators, and which it said could be better spent on directly funding research. The proposal envisioned reducing funding for those indirect costs to a 15 percent rate to all institutions that receive funds, which a lawyer for the government said was in line with that of private foundations.

But the coterie of lawyers representing the states and research institutions argued to the judge that the direct and indirect costs are often intertwined.

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One lawyer asked Judge Kelley to consider a scenario of a researcher doing experiments directly funded through an N.I.H. grant, and a worker disposing of hazardous medical waste produced by all the experiments being run at that facility.

“It is equally important to the research that both of those people are paid to do their work,” the lawyer said. “The research couldn’t happen without that — nevertheless, one is classified as a direct cost, one is an indirect cost.”

Lawyers for the plaintiffs ticked through an array of adverse effects that could result from the pause in funding.

They asked the judge to consider the ramifications of potential layoffs of highly skilled staff members, such as veterinary technicians that oversee animal research and hospital nurses. They warned of clinical trials on new drugs being paused. They argued that many institutions would be unable to bring back employees they had lost once experiments and trials were forced to stop.

Brian Lea, a lawyer representing the government, said on Friday that the broad effects mentioned at the hearing were largely speculative, part of a “nonspecific aura of urgency” that research institutions had drummed up without showing concrete damages.

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With universities in the middle of admissions season, the plaintiff lawyers described a chaotic environment in which both schools and Ph.D. applicants would need to reassess whether the projects they planned to pursue would be feasible. And they expressed fear for smaller universities that were not likely to be able to fill the unanticipated gap left in their budgets.

Even at larger schools with hefty endowments, the promise of government funding had already influenced big investments, the plaintiff lawyers said.

They pointed to a $200 million neuroscience lab at the California Institute of Technology, finished in 2020, that the university expected to pay for in part through the funding.

“There’s going to be a hole in the research budget at Caltech, and actually a big one,” a lawyer said.

The plaintiff lawyers said that other groups not involved in the lawsuit, such as associations of dental and nursing schools, had also become invested in the outcome, fearing disruptions to their own operations.

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“Are you willing to agree that the plaintiffs will suffer harm?” Judge Kelley asked the government’s lawyer after hearing the long list of examples marshaled by the groups suing.

“Not irreparable,” Mr. Lea replied.

He said the states and associations suing the government had other means of recovering the lost funding, such as suing under the Tucker Act, which allows groups to sue the government in contract claims. He added that the 15 percent cap was in line with what private foundations such as the Gates Foundation often agree to.

Earlier, Mr. Lea repeated the government’s claim that capping “indirect funds,” for costs like buildings, utilities and support staff, at 15 percent was simply designed to free up more money to be allocated directly to researchers.

“I want to be clear about one thing at the outset: This is not cutting down on grant funding,” he said. “This is about changing the slices of the pie, which falls squarely in the executive’s discretion.”

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Lawyers suing to stop the cuts said that capping indirect funds at 15 percent across the board was arbitrary, a standard for challenging agency decisions. They argued that institutions of different sizes naturally have different needs when negotiating with the government, and forcing all to adapt to a 15 percent maximum was unreasonable.

“A lot of this is driven by economies of scale, right?” one of the lawyers said. “The larger the institution you have, the bigger the building you have, the more you can house multiple projects within that one building — that’s going to change your ratio of direct costs or indirect costs,” she said.

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Video: Tasting Six Mystery Chips

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Video: Tasting Six Mystery Chips

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Which of these uniquely-flavored potato chips would be your favorite? Watch Wirecutter’s full potato chip taste test with special guest and cookbook author Maxine Sharf on YouTube.
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Video: Turning Point USA Clubs Expand to High Schools Across America

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Video: Turning Point USA Clubs Expand to High Schools Across America

“I would just like to say, ‘Welcome to Germany, 1939.’” “We have been labeled as homophobes, bigots, racists and fascists.” “For years, my conservative peers and I have peacefully coexisted with feminist clubs and L.G.B.T.Q. clubs.” This is Onondaga County in Central New York, where a brand of high school clubs founded by Charlie Kirk and financed by his conservative juggernaut Turning Point USA, has led to this. “These accusations are not only untrue, but they undermine the very principles of open dialogue and respectful debate that we promote.” “It really is as bad as you think, just from a student perspective.” “If there’s going to be a Club America, by God, there needs to be a Club Progressive.” Before his assassination, Charlie Kirk made it clear he wanted a TPUSA chapter in every high school. “He told the team, let’s do 25,000 high school chapters. Club America has exploded in popularity in the months since Kirk was killed, with at least 3,300 chapters in high schools across the U.S., according to Turning Point USA. “I’m excited to announce today that every Oklahoma high school will have a Turning Point USA chapter.” States are also endorsing the club. “I’d love to see a chapter in every single high school in the state.” At least eight Republican governors have partnered with Turning Point, vowing to bring Club America to all of their public high schools. But here in New York, where Democrats govern and a statewide embrace of TPUSA’s conservative Christian ideology is unlikely, students like Jacob Kennedy are still trying to launch Club America, even if that means an uphill battle. “I have grown up in a Christian home, which follows mostly the values of conservative beliefs. It’s my first year at a public school. I did not feel accepted to share my conservative beliefs and my religion.” For most of his life, Jacob lived overseas where his parents were missionaries. “And starting this Club America, I am quickly finding other people that have the same values as me.” Jacob really didn’t even know who Charlie Kirk was until he was killed. Since then, he’s connected with Kirk’s message on religion as much as politics. “There was no question at the time of the founding that God played a central role in all of our government.” “Whether it is immigration laws or abortion, I put my religion first and then my political worldviews.” But Jacob’s push to secure approval from the district to establish Club America at his high school has stoked a sense of anxiety in community members who see Charlie Kirk’s rhetoric as racist and homophobic. “This was Charlie Kirk’s organization — that tells you a lot about this club. It’s not for everybody. It’s divisive.” “No matter who it is — Charlie Kirk or Charlie Brown — this is still the United States, and we do have freedom of speech.” Federal law requires equal access to all sorts of clubs, from Jesus and Me to the Afterschool Satan Club. As long as they are student-initiated and aren’t disruptive, anything goes. “So what is Club America? What do we do? We promote the values of free speech, patriotism and small government.” Turning Point USA declined multiple requests from The New York Times to participate in this story, and even told students in Club America chapters not to speak with us. But we did manage to film a public information session addressing the backlash the group has received. “Let’s talk. If we don’t talk, we’ll never get to get outside of our echo chambers. And Charlie Kirk always said, when we stop talking, that’s when violence happens.” “Are you advocating for your student groups to have open discussion? I don’t see that as the actual implementation level, what’s happening.” “Debate is absolutely encouraged in your Club America meetings where you’ve set ground rules for your debates.” “How do you plan on ensuring that kids from the L.G.B.T.Q.+ communities feel more included and feel safe?” “‘There are students of all different backgrounds, all socioeconomic statuses and of all persuasions involved in Club America. And if those students don’t attend, that’s on them. But you’re welcome to be there.” Charlie Kirk’s influence is everywhere from President Trump’s State of the Union address — “My great friend Charlie Kirk, a great guy.” — To his five-story portrait draped outside the Department of Education in D.C. It’s with this singular influence and power in the world of conservative media, politics and faith that Turning Point USA is hoping to get high schoolers registered to vote before this November. Jacob’s goal is much simpler. He just wants to get students together to hash out their differences. But until his club’s approved, he’ll have to engage with them one-on-one. “Whether you support L.G.B.T. rights, whether you are a a son or daughter of an illegal immigrant, whether you are pro-choice, you have the free will to join the club and be a part of it.”

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After F.B.I. Raid, Los Angeles School Board Discusses Superintendent

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Board members are having an emergency meeting a day after agents raided the home and office of Alberto Carvalho, the Los Angeles Unified School District superintendent. The F.B.I. also searched the Florida home of a consultant with ties to the schools chief.

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