April 26, 2026
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11:51Now PlayingAttorneys Brian Kabateck and Shant Karnikian break down yet another Trump courtroom loss — this time over the administration's attempt to impose a flat 15% cap on indirect costs for all federally funded scientific research, slashing rates that universities and research institutions typically negotiate at 30 to 70%. The move would have devastated labs working on cancer, ALS, Parkinson's, and other critical research by stripping funding for the infrastructure that makes the science possible — electricity, buildings, compliance staff, shared equipment. A federal court in Massachusetts issued a temporary restraining order that became a permanent injunction, and the First Circuit unanimously affirmed it. The court found the policy violated the Administrative Procedures Act because there was no notice or comment period, violated congressional appropriations because Congress had already allocated the funding, and would cause severe financial harm to research institutions nationwide. The Trump administration didn't even appeal to the Supreme Court — they just walked away. But they're still trying to sneak the same cuts into their latest budget proposal. Brian and Shant make a broader point: Trump keeps losing on the same grounds over and over, and in doing so, he's creating appellate precedent that actually restricts future executive power. Bad facts make bad law, and the body of case law Trump is building against himself will haunt every attempt he makes going forward.
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