Episode 44

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Published on:

2nd Sep 2025

NIH v. American Public Health Association—Can a President Cancel $800M in Grants?

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack the Supreme Court’s split, middle-of-August orders in NIH v. American Public Health Association: five justices allowed the administration to cancel roughly $800 million in NIH research grants, while a different five blocked forward-looking guidance. They break down the dueling lineups, Gorsuch and Kavanaugh’s warning to lower courts to follow controlling precedent, and why the proper remedy for canceled grants may lie in the Court of Federal Claims rather than the APA. The conversation hits standing, separation of powers, and what this signals for future fast-track fights over federal spending and executive authority.

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About the Podcast

Unwritten Law
NCLA Podcast About Administrative Law
Unwritten Law is a podcast hosted by Mark Chenoweth and John Vecchione, brought to you by the New Civil Liberties Alliance (NCLA). This show dives deep into the world of unlawful administrative power, exposing how bureaucrats operate outside the bounds of written law through informal guidance, regulatory “dark matter,” and unconstitutional agency overreach.

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Ruslan Moldovanov