A federal judge in New York ruled that the Trump administration's cancellation of over $100 million in humanities grants was unconstitutional, citing violations of the First and Fifth Amendments and the Department of Government Efficiency's lack of authority. The judge specifically criticized the use of ChatGPT to identify and target grants based on perceived DEI content, calling it a 'textbook example of unconstitutional viewpoint discrimination.'
A federal judge in New York delivered a significant ruling on Thursday, declaring the Trump administration’s cancellation of more than $100 million in humanities grants to scholars, writers, and research groups unconstitutional. Judge McMahon stated that the Department of Government Efficiency (DOGE) had no authority to end the funding, violating the First Amendment (free speech) and the Fifth Amendment’s equal protection right. She specifically highlighted the cancellation of grants based on Diversity, Equity, and Inclusion (DEI) as 'a textbook example of unconstitutional viewpoint discrimination.' The judge also heavily scrutinized the government's use of ChatGPT to classify grant projects as DEI-related and target them for cuts, rejecting the argument that the AI's involvement absolved the government of constitutional problems. She cited an example where an anthology titled 'In the Shadow of the Holocaust: Short Fiction by Jewish Writers from the Soviet Union' was labeled as DEI using the AI platform. McMahon emphasized that 'ChatGPT was the Government’s chosen instrument... and DOGE’s use of AI to identify DEI-related material neither excuses presumptively unconstitutional conduct nor gives the Government carte blanche to engage in it.' Several groups that sued the government, including the American Council of Learned Societies and the American Historical Association, lauded the decision, calling it an 'important achievement' in restoring the National Endowment for the Humanities' mission. Attorneys for the plaintiffs described the cancellations as a 'direct assault on constitutional free speech and equal protection' and a vindication for academics and writers. The grant cancellations were announced in April 2025, following Trump's executive orders aimed at 'Ending Radical and Wasteful Government DEI Programs and Preferencing.' Many of the canceled grants had been awarded during the previous administration. While acknowledging a new administration's right to pursue lawful funding priorities, Judge McMahon asserted it 'has no license to suppress disfavored ideas,' reaffirming her earlier temporary block on the cancellations which found they were based on recipients' perceived viewpoints 'in an effort to drive such views out of the marketplace of ideas.' The White House and Department of Justice have not yet commented on the ruling or indicated plans for an appeal.
