Emergency application
National Institutes of Health v. American Public Health Association
What did the Court do?
The Court granted part of the request on August 21, 2025: part of the lower court's ruling is on hold while the appeal continues.
Emergency rulings are temporary and do not decide the underlying case. The Chief Justice, Justice Sotomayor, Justice Kagan, Justice Jackson, Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would have ruled the other way.
What's being asked
The federal government asks the Supreme Court to pause (stay) a lower-court ruling from the United States Court of Appeals for the First Circuit while the appeal continues. The case is National Institutes of Health v. American Public Health Association.
What the Court did
Application (25A103) for stay presented to Justice Jackson and by her referred to the Court is granted in part and denied in part. The application is granted as to the District Court’s judgments vacating the Government’s termination of various research-related grants. See <i>Department of Ed.</i> v. <i>California</i>, 604 U. S. ___ (2025) (<i>per curiam</i>). [See Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=16'>Opinion</a> for full order language] The application is otherwise denied. The Chief Justice, Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the application in full. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application in full. (Detached <a href = 'https://www.supremecourt.gov/opinions/preliminaryprint/606US2PP_Ord.pdf#page=82'>Opinion</a>) Justice Barrett concurs. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf'>Opinion</a>) The Chief Justice, with whom Justice Sotomayor, Justice Kagan, and Justice Jackson join, concurs in parts and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=16'>Opinion</a>) Justice Gorsuch, with whom Justice Kavanaugh joins, concurs in part and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/preliminaryprint/606US2PP_Ord.pdf#page=82'>Opinion</a>) Justice Kavanaugh concurs in part and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a103_kh7p.pdf#page=13'>Opinion</a>) Justice Jackson concurs in part and dissents in part. (Detached <a href = 'https://www.supremecourt.gov/opinions/preliminaryprint/606US2PP_Ord.pdf#page=87'>Opinion</a>)
- Concurring · 1agreed with the result, wrote separately
What it means
This is a temporary order about what happens while the case is decided, not a ruling on who is right. The case continues in the United States Court of Appeals for the First Circuit.
Separate writings
Justice Gorsuch, joined by Justice Kavanaugh, concurring
Justice Roberts, joined by Justice Jackson, Justice Kagan, and Justice Sotomayor, concurring
Sources
Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A103. The answers restate that record in plain words; explainer copy is written from the record and the filings only.