A federal judge ruled on Thursday that the termination of over 1,400 humanities grants, totaling more than $100 million, by the Trump administration’s Department of Government Efficiency (DOGE) last year was unconstitutional and constituted “blatant” discrimination. The ruling by U.S. District Judge Colleen McMahon found the terminations violated the First and Fifth Amendments of the U.S. Constitution and that DOGE lacked the legal authority to revoke the congressionally appropriated funds.
The grant terminations were part of a broader cost-cutting initiative spearheaded by billionaire Elon Musk, who led DOGE. The administration had framed the move as a crackdown on diversity practices, but the judge identified specific criteria used for cancellation that were discriminatory.
Judge McMahon stated that the grants were not terminated based on scholarly merit, compliance with terms, or alignment with the National Endowment for the Humanities’ (NEH) statutory purposes. Instead, the judge noted, the primary factor for termination was whether the grant concerned a “minority group.” This included grants related to Black, Asian, Latino, and Indigenous communities, as well as those focusing on national origin, immigration status, religion, sex, and sexual orientation.
The ruling also addressed the administration’s use of artificial intelligence in the termination process. The judge asserted that the government could not evade responsibility for DOGE’s actions by blaming ChatGPT, an AI tool reportedly used to help formulate the rationale for some grant cancellations.
This decision comes amid broader concerns raised by rights advocates regarding former President Donald Trump’s past rhetoric and actions targeting educational and arts institutions, diversity initiatives, and historical sites. These actions have been seen as potentially reversing decades of social progress and undermining the acknowledgment of critical aspects of American history.
Trump had previously alleged that many cultural, arts, and educational bodies served as bastions of liberalism and “anti-American” values, failing to present U.S. history positively. He had also threatened to cut federal funding to these institutions over various issues, including pro-Palestinian protests, transgender policies, climate initiatives, and diversity programs.
The scope of entities targeted by such threats and actions had been wide-ranging, encompassing elite universities, the Smithsonian Institution, the Kennedy Center, National Public Radio (NPR), and the Public Broadcasting Service (PBS).
The implications of this ruling are significant for the future of federal funding for humanities projects and the principles guiding grant allocation. It reinforces the importance of constitutional protections against viewpoint discrimination and sets a precedent for how government agencies can utilize or delegate decision-making processes, especially when involving AI tools.
Moving forward, attention will be on how this judicial decision impacts future funding decisions for humanities research and artistic endeavors. The ruling may also influence how federal agencies approach diversity, equity, and inclusion initiatives in their grant-making processes and how they leverage technology in administrative functions.
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