Via the False Claims Act, NIH puts universities on edge

A funding pause at Michigan illustrates the uncertainty around new language in NIH grant awards.

See full article...

 

[Michillaneous]

Guys,
It is called fascism. Stop acting surprised.

 

[AdamM]

Is it not painfully obvious that Trump is just going to fuck over entities that comply with the administration's bullshit anyways?

Is Columbia University not evidence enough? Comply and they'll be back the next day with more bullshit.

 

[MrMcLargeHuge]

Stop. Complying.

The goalposts will always move (see: Columbia), so you might as well take a stand now.

 

[jdearr]

Has Project 2025 written all over it.

 

[Stinkles]

The False Claims Act says someone who knowingly submits a false claim to the government can be held liable for triple damages.

Wild guess who determines what is true and what is false. Jesus fucking christ we live in the absolute dumbest country on Earth.

 

[launica]

But it can will be weaponized when “yoked to a pernicious agenda of trying to suppress speech by institutions of higher learning, or simply to try to intimidate them.”

 

[togulornottogul]

As one of those affected, its just one day at a time. Many of my colleagues are immigrant scientists and will lose their careers. Great time for pharma to hire.

 

[PatientZero]

Andrew Miltenberg, an attorney in New York City who’s nationally known for his work on Title IX litigation, was more pointed. “I don’t actually understand why it’s in there,” he said, referring to the new grant language. “I don’t think it belongs in there. I don’t think it’s legal, and I think it’s going to take some lawsuits to have courts interpret the fact that there’s no real place for it.

I feel bad for lawyers (believe it or not!) in today's environment. They think things like "existing case law" are going to save us, but when the people in charge just ignore the courts... what do you do?

 

[nzeid]

“There’s a feeling in the air that somebody’s out to get scientists,” said the researcher, reflecting on the impact of all the changes at the federal level.

Sorry to break it to you, comrade. They are out to get us.

 

[msawzall]

Andrew Miltenberg, an attorney in New York City who’s nationally known for his work on Title IX litigation, was more pointed. “I don’t actually understand why it’s in there,” he said, referring to the new grant language.

Dude... You damn well know why it's in there. Don't be such a lawyer.

 

[LesDawg]

Grants from the federal government are accompanied by a Notice of Award, a legal document that outlines the grant’s terms and conditions. Hover over the document and click the icon in the upper right corner to expand.

I don't understand this.
Is this some weird AI shite that has leaked into the article, or what?

 

[Jeff S]

At some point, these institutions with BILLION DOLLAR budgets, and in the case of private Universities, multi-billion dollar endowments, need to step up and just Do The Right Thing.

If Trump and his idiot squad want to come after you and your researchers with totally bogus claims of "civil rights violations" that aren't, just hire some lawyers, or use some of the talent in your top-line law schools, to fight back.

Stop complying with their racism, their persecution of lgbtq people, their re-writing history, their suppression of student protests.

Just Do The Right Thing and then fight back. You can afford it more than most people.

Same for large businesses. Like all these stupid law firms that are whining about Trump coercing them. Like, Ok. Don't let Trump coerce you. Don't comply. Fight back.

 

[Res Nullum]

I don't understand this.
Is this some weird AI shite that has leaked into the article, or what?

It was copied from the original article, which links to an actual copy of an award letter in an inset. Whoever copied the text missed that this section needed to be removed.

 

[rayleonard]

These people are so fucking stupid and short sighted. They already hate and distrust scientists as "educated elites" but now they are using the threat of burning down all science to push a stupid fleeting domestic agenda on gender. Threatening to kill your child and gouge your own eyes out on top of it because they won't eat their broccoli.

 

[CalJake]

"That language said that universities will be subject to liability under a Civil War-era statute called the False Claims Act if they fail to abide by civil rights laws and a January 20 executive order related to gender." Good luck to all my scientific colleagues doing anything with transgenes, transgenic cell lines, or any advanced scientific concept, entity, or process with 'trans' in it.

 

[Deadwing]

Do not receive money from the government, base your financial model on something else. Everything seems fine initially but inevitably a day comes when things change and now you are dependent on that cash flow.

Under every administration I can remember I've seen highway money, school money, and countless other programs held hostage. "We can't legally tell you what to do but if you don't do it we will cut off this money off over here." This is how governments work and it cuts in every direction.

What a completely stupid take, alongside the usual "BoTh sIdEs!!!1!!3!" bullshit.

 

[muddledzen]

With the avalanche of articles we get on science being gutted by this admin, even just here on Ars, I have to wonder if anyone in MAGA land has actually taken the time to realize that even all of the bullshit that they care about takes science. (spoiler: either they don't know, or they're making money by not caring, that's how MAGA works).

Surveillance to round up them pesky immigrants that they're all terrified of?
AR-15's and mountains of armor piercing rounds they hoard?
Black smoke belching idiot-diesel trucks they drive around with confederate flags?

These aren't divined by shamans and then magically conjured by their local priest.

 

[Thorzdad]

The researcher worried that if funds weren’t released soon, personnel would have to be fired and medical research halted.

Mission accomplished!
Who needs science when you’ve got good old american common sense and the bible?

/s

 

[Golgo1]

Do not receive money from the government, base your financial model on something else. Everything seems fine initially but inevitably a day comes when things change and now you are dependent on that cash flow.

Under every administration I can remember I've seen highway money, school money, and countless other programs held hostage. "We can't legally tell you what to do but if you don't do it we will cut off this money off over here." This is how governments work and it cuts in every direction.

"BotH SiDEZ!!!!!!"

Also, it is silly to apply "Run it like a business" to everything. There are plenty of things that benefit everyone that don't generate a profit.
Most other Western nations have figured this out

 

[FerociousLabRetriever]

Stop. Complying.

The goalposts will always move (see: Columbia), so you might as well take a stand now.

If there is any benefit, this is it. Perhaps the sleepy academic class (which I am part of) will finally wake up. People need to see it for what it is. It's happening right in front of them. It's across the entire board. Nevermind moving goalposts, they just ignore them when they can't be moved.

 

[Golgo1]

A court with a judge and jury? There's a reason that the Constitution doesn't allow the executive branch alone to decide who is guilty of violating laws.

Now, unfortunately, there's also a truth that there are a lot of terrible people who end up on juries. The kinds of people who will see a case that clearly isn't a civil rights violation, but they're a white supremacist like Trump, and will vote guilty anyhow, to bolster white supremacy, persecution of lgbtq, etc.

In both federal criminal and civil cases, juries must reach a unanimous verdict, though, so all it takes is one or a few people to see this clearly isn't a civil rights violation, and the case fails.

It also might fail before it even gets to a jury, if the judge looks at the case and decides there's grounds for dismissal without trial.

Of course, even with all that, there's a good chance that a lot of these cases will be filed in courts in places like Texas and Louisiana, with more bigoted judges and juries, and so they might grow legs even though they shouldn't.

lol
"It's the juries fault" is certainly a take on the facism happening across the country

What event in tha past 6 months suggests to you the Constitution has any bearing on the current executive branch?

Of course, even with all that, there's a good chance that a lot of these cases will be filed in courts in places like Texas and Louisiana

Are you talking about Rural Jurors? I think there was a movie about that starring Jenna Maroney

 

[FranzJoseph]

I guess it could be good news for all the other parts of the world that aren't the USA trying to attract good scientists, but given what the current admin is indirectly doing to the worldwide economy and science budgets, even the unexpected and possibly quite rising flow of US scientists to Europe doesn't look like that much of a win to me

 

[Dachannien]

The even more pernicious aspect of the qui tam provision in the FCA is that a cottage industry of harassment can be built around those suits. Think along the same lines as IP trolls who have no real intent of pursuing an expensive and dicey lawsuit to its conclusion, but who are more than willing to negotiate a settlement that gives them a payout, yet has no res judicata impact on the defendant. Hence the next person can threaten them with a suit, and the next, and the next.

 

[nsimpson]

When facts and scientific research support a liberal ideology, it's time to stop anybody doing science or speaking facts.

 

[notmuchofaname]

I guess it could be good news for all the other parts of the world that aren't the USA trying to attract good scientists, but given what the current admin is indirectly doing to the worldwide economy and science budgets, even the unexpected and possibly quite rising flow of US scientists to Europe doesn't look like that much of a win to me

Adding insult to injury, mostly every European government has been consistently cutting down on research financing in real terms for years. Any funds magically turning up at this side for luring over unhappy US researchers will in one way or another turn out to be sourced by cuts on existing local academic tenures or education. It's not like governments hereabouts have magically added newfound billions for the headhunt.

 

[GenericAnimeBoy]

I don't understand this.
Is this some weird AI shite that has leaked into the article, or what?

This article was reposted to Ars from another Conde Nast publication. It looks like something went wrong in the reposting process.

Edit: Oops, maybe they're not under the CN corporate umbrella, but they have some kind of cross publication agreement?

 

[jdale]

Bagenstos said some other universities had also halted funding—a claim Undark was unable to confirm.

Here you go: https://www.science.org/content/art...deral-science-grants-because-new-dei-language

Confirmed.

 

[Dakar]

It’s not just the dollar amount that may cause schools to act in a risk-averse way, said Bagenstos. The False Claims Act also contains what’s known as a “qui tam” provision, which allows private entities to file a lawsuit on behalf of the United States and then potentially take a piece of the recovery money.

Out of all of the reporting I think this gives away the game the most. Admin gets them to adopt vague rules, conservative organization take them to court to bully them into ideological capture.

It's shocking how fiendishly clever some of this is.

 

[imikem]

So we can add barratry and vexatious litigation to the bottomless buffet of buffoonery and criminality of this administration. If I'm forced to endure four full years of this shit, I may have to roast a few of the miscreants alive over a fire kindled on printed executive orders.

 

[faffod]

That language said that universities will be subject to liability under a Civil War-era statute called the False Claims Act

I never understood why the age of the law is mentioned in cases like this. My interpretation is that is it somehow trying to throw shade at the law as if being that old makes it somehow more obsolete. Yet when talking about constitutional law we don't see articles talking about "under a revolutionary war-era article", and similarly for the bill of rights.
Is there something I'm missing?

 

[justsomebytes]

A court with a judge and jury? There's a reason that the Constitution doesn't allow the executive branch alone to decide who is guilty of violating laws.

It also might fail before it even gets to a jury, if the judge looks at the case and decides there's grounds for dismissal without trial.

I think the problem with this is that the administration will just continue to pull funding from these grant awards if there is anything they don't like. That forces the university to sue them over the grant being defunded which puts these barriers in front of the researchers and not the government.

Conservative courts have always been good at coming up with reasons why people can't force the government to disburse them money, even if they are entitled to it.

 

[M1k3-]

You exercise your second amendment rights.

Yeah! That'll keep the government MRAPs and tanks away! /s

 

[morgenrot]

Simply base your financial model on something that will never change. Then you will always get money for your scientific research.

Like what?

 

[ashypans]

I guess it could be good news for all the other parts of the world that aren't the USA trying to attract good scientists, but given what the current admin is indirectly doing to the worldwide economy and science budgets, even the unexpected and possibly quite rising flow of US scientists to Europe doesn't look like that much of a win to me

Yeah, I also haven't really seen any capacity outside of the U.S. take advantage of the growing glut of available academics. Even if we could, the U.S. fall to fascism and disassembly of its academic institutions is harming us far more then we could ever benefit from syphoning up your star academics.

We are losing research partners, we are losing access to labs, we are losing access to the kind of fundamental work and data that we never even realised we depended on because it was always just reliably there. I am an exception in my cohort in that I no longer work directly with any US academics or universities but even I have had to revaluate how I approach my work because I depended on public data outputs and policy leadership from the USEPA and NOAA. But every day there is one less page, one less repository and one more email address that bounces. I guess my point is, we were greater as a whole.

 

[Aurich]

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I'm going to politely ask people to tone down the rhetoric, including talk about second amendment rights, or burning people alive.