American Council of Learned Societies v. McDonald (NEH suit 2025)
Legal Issues
Overview
Overview
The American Council of Learned Societies sued the Trump administration over actions taken to dismantle the National Endowment for the Humanities, including the mass cancellation of programs and firing of staff.
The Issue
Issue
Whether the Trump administration had legal authority to dismantle the National Endowment for the Humanities through mass program cancellations and staff terminations, and whether such actions complied with the Administrative Procedure Act and constitutional due process requirements.
The Rules
Rule
Executive agencies must follow the Administrative Procedure Act (5 U.S.C. § 553) for substantive policy changes, federal employees are entitled to Fifth Amendment Due Process protections before termination, and executive power is constrained by applicable statutes and constitutional limits.
The Application
Analysis
The mass cancellation of NEH programs and firing of staff implicates both procedural requirements. Whether notice, comment periods, and reasoned explanations were provided. And substantive constitutional claims regarding due process for affected employees and potential First Amendment concerns.
The Conclusion
Conclusion
Judge Colleen McMahon rendered a decision on the merits of ACLS's administrative and constitutional challenge to the NEH dismantling, determining the validity of the executive action under applicable law.
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