FEDERAL ARTS & HUMANITIES UPDATE

IMLS

Dismantling

Lawsuits

  • Lawsuit brought by 21 state AGs (4/4)
    • Preliminary Injunction issued 5/6
      • Judge found that:
        • The EO Violates Administrative Procedure Act
        • The EO Violates constitutional separation of powers
        • The plaintiffs had a strong likelihood of success for their claims that the actions were capricious.
      • Grants reinstated, but appeal pending. 
  • ALA + AFSCME lawsuit (4/7)

NEH

Dismantling/Hijacking

  • 3/12: Shelly Lowe directed by President Trump to leave her position, Michael McDonald named acting chair
  • 4/1: Operating grants to state humanities councils canceled
  • 4/2 and 4/3: Over 1,000 organizational and individual grants terminated effective immediately
  • 4/2: 80% of NEH staff put on administrative leave
  • 4/15: Celebrate America! grant program announced ($6.25M)
    • “Through this program, NEH will award 250 challenge grants of up to $25,000 each for projects that focus on the founding of the American nation, key historical figures, and milestones that reflect the exceptional achievements of the United States.”
  • 4/24: National Garden of American Heroes grant program announced ($17M)
    • Awards of up to $200K for marble, bronze, copper, brass, or granite sculptures of historical figures in Executive Order 13978.
  • 4/29: Guidance issued for terminated grants stating that “the NEH is not making any means of dispute resolution available”
  • 4/29: Mellon Foundation commits $15M for state humanities councils
  • 5/8: $9.55M in grant awards announced for 68 projects
  • 5/16: 4/29 terminated grant Guidance updated “at the request of DOGE”

Lawsuits

  • ACLS/AHA/MLA (5/1)
      • Seeks judgement on legality of mass firings, shutting down programs, closing divisions, and delay in spending
      • Seeks judgement on legality of grant terminations
      • Seeks injunction on Plantiffs’ and their members’ grant terminations
      • Seeks injunction on division closures, program shut downs, and staff firings

Read complaint

Motion for Preliminary Injunction filed 5/15

  • Author’s Guild Class Action (5/12)
    • Claims the “Mass Termination” of grant awards violate NEH governing statute, Administrative Procedure Act, Impoundment Control Act, and the Constitution (First Amendment)
    • Seeks to “enjoin Defendants from giving effect to the Mass Termination”

Read complaint

Read complaint

 

NEA

Executive Orders & Grant Requirements

  • 2/6: NEA updated its grant guidelines, eliminating the Challenge America program, prioritizing America250 projects, and including in its “Assurances of Compliance” a requirement that applicants certify they do not promote “gender ideology” or “illegal DEI”
  • “Gender Ideology”
    • 3/6/25: Rhode Island ACLU filed lawsuit citing First Amendment, due process, and Administrative Procedure Act violations
    • 3/10: NEA voluntarily removed the requirement pending the court’s ruling
    • 4/3/25: Judge, noting that the requirement would likely violate the First Amendment, left it to the NEA to decide if/how to reinstate the requirement
    • 4/30/25: NEA released new Gender Ideology Policy for grant application review.
        • No requirement for applicants to certify that their proposed project does not “promote gender ideology”
        • Chair will evaluate whether each recommended grant does or does not “promote gender ideology”and in her sole discretion award or decline to award based on this and other criteria, specifically artistic excellence and merit; and
        • Applicant’s other activities beyond the “four walls” of the proposed project will be irrelevant to the evaluation of the application.
    • 5/12: ACLU of Rhode Island filed an amended complaint, saying “The NEA’s notice does very little to assuage any fears that artists or arts organizations may have, that their project applications will be judged on arbitrary and vague ideological metrics, rather than artistic merit.”
  • “Illegal DEI”
    • 2/21: Preliminary Injunction against enforcement of EO 14151 and EO 14173 ordered in National Association of Diversity Officers in Higher Education v. Trump
    • 3/14: Injunction lifted, Assurances of Compliance unclear

Grant Terminations/Withdrawls/Early Close-outs

  • 5/2: Grant Termination Notices sent out to FY24 Round 2 and FY25 Round 1 announced grants
    • Active grants terminated 5/31
    • Grant offers withdrawn effective immediately
    • Deadline to appeal: 5/9
  • 5/13: 276 Grant Termination Notices sent out
    • 186 effective 6/15 (128 had already received full funds)
    • 90 expedited close-outs
    • Deadline to appeal: 5/20

State Partnership Agreements

  • FY26 Agreements delayed (were supposed to be announced in early/mid April)
  • New guidelines will be issued in July 2025 (for FY27, presumably)

Staffing

  • 5/5: Division Directors sent notices of their and some staff members’ departures (Deferred Resignation or Early Retirement)
  • Estimate of 50%-55% of NEA Staff will remain on 5/31/25.
    • Some divisions lost all staff
  • 5/6: Mary Anne Carter nominated to be Chair of the NEA for second term (was Chair under Trump’s first administration)
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