Commonwealth of Massachusetts v. Kennedy
Overview
Overview
The government appealed Judge Murphy's order granting final judgement for the plaintiffs that the grant terminations as a result of the directive titled "Secretarial Directive on DEI-Related Funding" were in violation of the Administrative Procedures Act
The Issue
Issue
Whether the federal government violated the Administrative Procedure Act by terminating DEI-related grants under the "Secretarial Directive on DEI-Related Funding" without following required notice-and-comment procedures.
The Rules
Rule
The APA mandates that federal agencies provide notice and opportunity for public comment before implementing substantive policy changes affecting grant recipients, and must provide reasoned explanations for significant departures from existing practice.
The Application
Analysis
Judge Murphy found that the government's unilateral termination of DEI-related grants under the directive failed to comply with APA procedural requirements because no notice or comment period preceded implementation. The government now appeals, contesting whether the APA's procedural mandates applied to these grant-termination decisions.
The Conclusion
Conclusion
The district court granted final judgment for the plaintiffs, holding the grant terminations violated the APA. The First Circuit is reviewing whether this determination was correct.
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