National Association of Scholars v. DOE

Docket number: 25-cv-0077 (W.D. Tex.)

Hamilton Lincoln Law Institute, on behalf of the National Association of Scholars (NAS), filed a lawsuit challenging the U.S. Department of Energy’s requirement that researchers submit a diversity, equity, and inclusion (DEI) statement with applications for research grants.

The Department of Energy requires all Office of Science research grant applications to include a “Promoting Inclusive and Equitable Research” (PIER) plan. Through this requirement applicants must “describe the strategies and activities of the applicant to promote equity and inclusion as an integrated element of the research and development project.”

The requirement amounts to compelled speech that violates the First Amendment, and is further unlawful because it is not authorized by the relevant statutes, nor was it appropriately implemented under the Administrative Procedures Act. Funding for scientific research should adhere to the principles of equal opportunity, nondiscrimination and scientific merit, rather than vague notions of diversity, equity and inclusion.

Additionally, PIER plans prioritize group identity and ‘equity’ rather than the principles of equal opportunity, nondiscrimination, and merit. The requirement undermines sound public policy and scientific advancement by compelling researchers to prioritize irrelevant DEI factors instead of focusing on substantive scientific research and discourages highly qualified researchers from pursuing Department of Energy grant funding.

HLLI intends to file a motion to enjoin the Department of Energy from continuing the implementation of the PIER plan requirement for scientific grant applications.

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