Cutting NEH grants is ruled by federal judges to “illegal”

On Wednesday, a federal judge ruled that the government’s elimination of the Humanities Foundation (NEH) grants was illegal.
When the grant was cancelled in April, after the extreme cuts on the Avenue, many organizations and the Humanities Council said they could no longer effectively perform their responsibilities to their local communities without financial means.
In May, the State Council of Humanities and the Oregon Federation of Humanities jointly filed a lawsuit in the Oregon Federal District Court for “sabotage and attempted destruction” against NEH and 56 countries and 56 countries and jurisdictional humanities committees to file a lawsuit against NEH and the Department of Government Efficiency (DOGE). These organizations are seeking to restore termination grants and ensure Congressional grants flow to the Humanities Council.
“The U.S. Constitution specifically grants the power of the wallet to Congress, not the president,” U.S. District Court Judge Michael H. Simon wrote in his decision. “There is no provision in the Constitution that authorizes the president to make, modify or repeal regulations.”
Therefore, Simon believes that the Council “is likely successful in saying that in this case, it is unconstitutional to withhold funds.”
Simon also noted: “For decades, federal funding for the arts and humanities has been bipartisan support, and Congress continues to strengthen regulations that rule NEH and provide stable funding generation after generation. The appropriations in 2024 and 2025 are no different.”
Despite the ruling, Phoebe Stein, president of the National Humanities Federation, pointed out in a statement: “The Humanities Council is still operating without Congressional grants, and many have abandoned staff and canceled important plans as a result.”
A similar case was filed jointly by the American Historical Society, the Modern Languages Association and the American Society Social Committee in the Southern New York Region to reverse the same cuts to staff and divisions in April.
U.S. District Judge Colleen McMahon, who presided over the case, also ultimately ruled that the government violated the law when it terminated the previously awarded humanities grants.
McMahon suggested “granting the funds until we can go to trial”, adding that “a process that could lead to some or all of the grants.”
Since its inception in 1965, NEH has awarded more than $6 billion in grants to museums, historical sites, universities, libraries and related organizations. Through its grants, NEH has long supported a variety of creative programs and projects. NEH started under the same legislation as the National Endowment for Arts, which provides financial assistance for excellence projects, performances and exhibitions.
The Trump administration has redistributed some of that money to support the creation of a new National Hero Garden, whose $40 million is intended to be used for statues.
In these cuts, government agencies have seen two-thirds of their workforce, with less than 60 of which are considered to be retained.