Dan Garisto

Birds That Don't Exist: Niche Pre‐Emption as a Constraint on Morphological Evolution in the Passeroidea We use topological data analysis to reveal a persistent morphological gap in a major group of songbirds (superfamily Passeroidea). The gap remained unoccupied for millions of years, even though nearb...

Well damn, this is cool.

Birds That Don't Exist: Niche Pre-Emption as a Constraint on Morphological Evolution in the Passeroidea | Chia et al., 2026 | Ecology Letters

onlinelibrary.wiley.com/doi/full/10....

That said, it'll need to do a lot more to outweigh the slop it's creating for academics to wade through...

AI can revolutionize science; of that there is no doubt. It has already helped us see proteins with previously unimaginable clarity. Soon AIs may dream up new molecules for batteries or find new particles hiding in data from colliders—in short, they may do many things, some of which previously seemed impossible. But they have a crucial limitation tied to something wonderful about science: its empirical dependence on the real world, which cannot be overcome by computation alone. An AI, in some respects, can be only as good as the data it’s given. It cannot, for example, use pure logic to discover the nature of dark matter, the mysterious substance that makes up at least 80 percent of matter in the universe. Instead it will have to rely on observations from an ineluctably physical detector with components perennially in need of elbow grease. To discover the real world, we will always have to contend with such corporeal hiccups. Science also needs experimenters—human experts who are driven to study the universe and will ask questions an AI can’t. As Hopfield explained in a 2018 essay, physics—science itself, really—is not a subject so much as “a point of view,” its core ethos being “that the world is understandable” in quantitative, predictive terms solely by virtue of careful experiment and observation. That real world, in its endless majesty and mystery, still exists for future scientists to study, whether aided by AI or not.

Think this still holds up and will continue to hold up. AI (meaning LLMs like Claude) is going to be a very useful tool for scientists. www.scientificamerican.com/article/dont...

This plus the (semi)-autonomous formalization of the sphere-packing result and a few other examples seem to indicate LLMs are now genuinely capable of helping out at the frontiers of math.

Anyhow, best not to post about late night court filings from the west coast when you're on the east coast and not a courts reporter. Mea culpa, and thanks to @maxkozlov.bsky.social for catching the error.

Having reviewed the parties’ positions in their joint statement (Dkt. No. 180), the following case schedule is set: 1. Plaintiffs shall file the Third Amended Complaint on the docket by February 6, 2026. 2. Administrative Record Production and Additional Discovery shall be completed by May 8, 2026. 3. Plaintiffs’ Motion for Summary Judgment and Class Certification due by June 5, 2026. 4. Defendants’ combined brief in support of their Cross-Motion for Summary Judgment and in opposition to Plaintiffs’ Motion for Summary Judgment and Class Certification due by July 2, 2026. 5. Plaintiffs’ combined reply brief in support of their Motion for Summary Judgment and Class Certification and opposition to Defendants’ Cross-Motion for Summary Judgment due by July 31, 2026. 6. Defendants’ reply in support of their Cross-Motion for Summary Judgment due by August 14, 2026. Case 3:25-cv-04737-RFL Document 183 Filed 01/30/26 Page 1 of 2 2 7. A hearing on the Cross-Motions for Summary Judgment and Motion for Class Certification is set for September 1, 2026 at 10:00 a.m.

Here is the case schedule: www.courtlistener.com/docket/70459...

The States of California, Colorado, Washington, Connecticut, Illinois, Maryland, New Jersey, New York, Oregon, Rhode Island, Vermont, and Wisconsin, the Commonwealth of Massachusetts, and the California Governor’s Office of Business and Economic Development are plaintiffs in the action titled California, et al. v. Wright, et al., No. 3: 26-cv-01417-RS (“Multistate Action”), filed on February 18, 2026, in the Northern District of California. Plaintiffs hereby submit this administrative motion to notify the Court of that action and request that it be related to the above-captioned matter titled Thakur, et al. v. Trump, et al., No. 3:25-cv4737 (the “Thakur Action” and, together, the “Actions”). The plaintiffs in the Multistate Action and the plaintiffs in the Thakur Action have consented to the relation of the Actions; the federal entities that are the defendants in those actions declined to consent. The Actions challenge some of the same funding decisions by the U.S. Department of Energy (“DOE”) and the Secretary of Energy on many of the same grounds. They should be related because they meet both requirements of Local Rule 3-12: cases are related when they “concern substantially the same parties, property, transaction, or event,” and it “appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different Judges.” L.R. 3-12(a).

Earlier today, a group of attorneys general in California v. Wright (a case about DOE terminations) moved to relate their case with Thakur, given the similarities. www.courtlistener.com/docket/70459...

Order on Motion for Preliminary Injunction – #133 in Thakur v. Trump (N.D. Cal., 3:25-cv-04737) – CourtListener.com ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION AND PROVISIONAL CLASS CERTIFICATION AS TO ADDITIONAL AGENCY DEFENDANTS, AS MODIFIED. Signed by Judge Rita F. Lin on 9/22/2025. (afm, COURT...

Meanwhile, the case has continued at the district level with Judge Lin, adding other agencies like DoD, DoT, NIH, and DOE. www.courtlistener.com/docket/70459...

The government’s motion for partial stay pending appeal (Dkt. No. 7) is GRANTED in part as to the Form Termination Class and DENIED in part as to the DEI Termination Class. We express no opinion on Plaintiffs’ remaining constitutional and statutory claims, nor on whether it would be appropriate for the 19 25-4249 district court to certify other provisional classes based on those claims.

So, to recap: the 9th circuit has issued a stay of Lin's order reinstating 'Form' terminations, but has not blocked Lin's order for 'DEI' terminations.

#81 in Thakur, et al. v. Trump, et al. (9th Cir., 25-4249) – CourtListener.com ORDER FILED. Richard A. PAEZ, Morgan B. CHRISTEN, Roopali H. DESAI The panel has unanimously voted to deny Plaintiffs’ motion for reconsideration. Judge Paez recommends denying the motion for reconsid...

On Feb. 23rd, plaintiffs (that is, Thakur and the other UC profs) asked to be reheard by the entire 9th circuit. Paez, Christen, and Desai (Clinton, Obama, and Biden appointees respectively) rejected that request. www.courtlistener.com/docket/70763...

Because the current record suggests that the government aimed at the suppression of speech that views DEI, DEIA, and environmental justice favorably, the government has not shown that it is likely to succeed on the merits of its claim that the district court abused its discretion when it concluded the agencies likely terminated the grants based on viewpoint. 6

However, with regard to the DEI Termination Class ("those whose research grants were terminated because of the DEI Executive Orders"), the 9th circuit did _not_ find the government was likely to succeed and did not agree to a stay.

We are bound by NIH, which held that the APA’s limited waiver of sovereign immunity did “not provide the District Court with jurisdiction to adjudicate” similar APA claims challenging grant terminations. 145 S. Ct. at 2658. Here, the Form Termination Class challenges the government’s termination of research grants as arbitrary and capricious under the APA. NIH held that similar claims were “based on . . . research-related grants.” Id. (citation modified). Further, the Form Termination Class sought—and the district court awarded— vacatur of the termination notices and reinstatement of the terminated grants. NIH held that such relief is “designed to enforce an[] obligation to pay money pursuant to [the] grants” at issue. Id. (citation modified). Accordingly, we conclude the government has made a strong showing that it is likely to establish that the district court lacks jurisdiction to review the Form Termination Class’s APA claim.5

On 12/23/25, the 9th circuit judges ruled that the government was likely to succeed with the 'Form Termination Class' ("those whose research grants were terminated by form letter without any grant-specific explanation") cdn.ca9.uscourts.gov/datastore/op...

US Supreme Court allows NIH to cut $2 billion in research grants The decision will hinder lawsuits against grant terminations, legal specialists say.

Also on August 21, 2025 - SCOTUS rules in NIH v. APHA, which blocks lower courts from using the APA for relief (i.e. reinstating terminated grants)

Wrote about this with @maxkozlov.bsky.social at the time.

The government appealed, in light of the SCOTUS decision.

The panel held that the government had not shown a likelihood of success on the merits of its arguments that (1) the district court lacked jurisdiction; (2) at least some plaintiffs lack standing; and (3) plaintiffs are not likely to succeed on the merits of their claims.

August 21, 2025 - 9th circuit denies the government's request for a stay of Lin's order, ruling that the government was not likely to succeed. cdn.ca9.uscourts.gov/datastore/op...

Order on Motion to Certify Class – #54 in Thakur v. Trump (N.D. Cal., 3:25-cv-04737) – CourtListener.com ORDER by Judge Rita F. Lin granting 7 Motion for Preliminary Injunction, as modified and granting 18 Motion to Certify Class.(rfllc3, COURT STAFF) (Filed on 6/23/2025) (Entered: 06/23/2025)

June 4, 2025 - Neeta Thakur and five other researchers at UCs sue the Trump admin over grant terminations

June 23, 2025 - Judge Rita Lin issues an injunction, ordering NSF, EPA, and NEH to reinstate grants www.courtlistener.com/docket/70459...

Deleted post where I mixed up who was trying to do what.

Full disclosure: deleted a post from the other week where I flubbed the details of an update in a court case (mixed up the plaintiffs and the appellees). As community service, here's my effort to reconstruct where Thakur v. Trump actually stands.

PROFESSOR BUTTS FALLS ON HIS HEAD AND DOPES OUT A SIMPLIFIED CAN-OPENER WHILE HE IS STILL GROGGY. GO OUTSIDE AND CALL UP YOUR HOME. WHEN PHONE BELL RINGS, MAID (A) MISTAKES IT FOR AN ALARM CLOCK- SHE AWAKENS AND STRETCHES, PULLING CORDB)WHICH RAISES END OF LADLE C).BALLD) DROPS INTO NET E) CAUSING GOLF CLUB F) TO SWING AGAINST BALL (G), MAKING A CLEAN DRIVE AND UP-SETTING MILK CAN(H) MILK SPILLS INTO GLASS (I) AND THE WEIGHT PULLS SWITCH ON RADIO (J) WALTZING MICE(K)HEARING MUSIC AND PROCEED. TO DANCE, CAUSING REVOLVING APPARATUS (L) TO SPIN AND TURN. SPIKES(M) SCRATCH TAIL OF PET DRAGON(N)WHO IN ANGER EMITS FIRE IGNITING ACETYLENE TORCH(O) AND BURNING OFF TOP OF TOMATO CAN(P)AS IT ROTATES. WHEN NOT OPENING CANS, THE DRAGON CAN ALWAYS BE KEPT BUSY CHASING AWAY INCOME TAX INVESTIGATORS AND PROHIBITION OFFICERS.

"At a recent public meeting, Deputy Director Doug Lowy noted the NOFO approval process now requires 16 steps. He joked that it’s now more complex than a 1929 Rube Goldberg design for a can opener."

That 1929 Rube Goldberg design, for reference:

Delays in grant awards and funding calls worry NIH researchers Many programs may be pushed into the next fiscal year, and some could face funding gaps

"Since Trump took office 13 months ago, NIH has posted only 84 NOFOs, down from 787 in the previous year. Many more are in limbo. NIH has 323 opportunities listed as 'forecasted.' ... many on the list were announced in 2024 and ’25 and still are not open."

Jim O'Neill has officially been nominated to be NSF Director as of yesterday.

Update: On the last day possible, NIH/HHS have extended the terms of all 6 members of the minority-health institute council.

Their terms will now expire on 8/27/26 and can't be extended any further.

Without new voting members, the institute won't be able to fund applications at the 2/12/27 council

You lick the back of my head, I’ll lick the back of yours Many mammals connect with friends and family through social grooming. These acts of friendly cleaning can have a big impact on an individual’s health in addition to forging a lasting bond—one that can extend to more dire circumstances. If you trust someone to scratch your back, you may be able to trust them to have it when you need it most.

Among bats, none spend quite as much time grooming as vampire bats. A considerable amount of their awake time—about 5%—is spent licking other bats, and a considerable amount of bat researchers’ awake time has been spent observing these interactions. For vampire bats, failing to snag a meal in a given night can be fatal. So, the animals have a number of reciprocal “food-sharing” relationships: Bats with which they’ll share their meal. Grooming can allow bats to test out new potential dining partners, allowing them to see just how giving a friend is before relying on them in a pinch. But despite all the work done on vampire bat grooming and its social functions, no one had really asked the obvious question: Does it actually impact their hygiene? To find out, researchers waded through more than 1500 social grooming events spread across over 60 hours of surveillance videos of common vampire bats at a research station in Panama, determining what area was licked: face, head, upper back, lower back, chest, belly, foot, arm, thumb, inside wing, or outside wing. Then, they found similar self-grooming events—ideally, by the same bat—and followed the same labeling scheme for 1515 instances of self-cleaning that the bats performed. Furthermore, they recorded whether the self-cleaning involved scratching or licking. Presumably, the bats only licked the parts of themselves that are easiest to reach. If social grooming is actually important, you’d expect the bats to groom others in the places that are hardest to reach.

And indeed, that’s exactly what the team saw . Places that were rarely self-groomed—including the face, head, chest, and upper back—were among the most likely to be licked clean by another bat. “We have previously observed that vampire bats are sensitive to others’ cues of need for grooming, such as wet/disturbed fur or self-grooming, and that they target foreign objects like metal bands on the forearm,” the team wrote. “Considering those observations together with the present study, it seems that vampire bats target social grooming towards areas that require cleaning, supporting the hypothesis that social grooming is a form of helping, rather than simply being a signal of motivation to affiliate or cooperate.”

Depending on your chiropteran affinity a cute/gross story about vampire bats, who are apparently very reciprocal lickers.

Science Advisor You lick the back of my head, I'll lick the back of yours

Interesting offer from @science.org

"Mr. Trump has clumsily spoken of the deaths of Americans, saying, 'That's the way it is. Likely be more.' Critics online have compared the remarks to a callous line from the villain of the children's movie Shrek: 'Some of you may die, but it's a sacrifice I am willing to make.'"

Even as he has struggled to provide a clear endgame for the military campaign, Mr. Trump has portrayed the operation as a resounding success. He has acknowledged the U.S. casualties as a cost of war but has spent more effort on boasting about the killing of Ayatollah Ali Khamenei, Iran’s supreme leader, the destruction of military targets across the country, and his commitment to keeping Iran from ever being able to produce a nuclear weapon.

Not a bad article overall, but a really clear demonstration of the frequent problem that accurate, straight reporting of what was actually said verges on ad hominem. www.nytimes.com/2026/03/02/u...

Map of lunar eclipse showing regions of totality.

May the clouds be ever in your favor
svs.gsfc.nasa.gov/5606

Strong, public response from the UK physics community here. www.iop.org/about/news/o...

Table showing NSF delays for infrastructure

Looks like minor to serious delays, caused by "budget uncertainty and labor shortages". Antarctic infrastructure is only 4 months late, but it's also descoped from 6 buildings to 1. Research vessels are a whopping 27 months late.
www.gao.gov/products/gao...

NSF reports delays for major research infrastructure projects Several research infrastructure projects managed by NSF are experiencing construction delays, according to a GAO report published last week. NSF currently has seven major research infrastructure projects in various stages of development, and four of them have fallen several months behind schedule since July of last year. The agency said labor shortages and budgetary uncertainty are contributing to delays. The Regional Class Research Vessels program, which is building three new research ships, is facing the most significant delay among the agency’s major construction projects. The program is now scheduled to be completed in April 2029 – more than two years behind schedule. NSF said it is navigating multiple challenges with the project, including labor shortages, limited shipyard space for construction, and the overall complexity of the electrical power and control systems. All of NSF’s delayed projects are still within budget, but some have been reduced in scope. GAO also published a similar report highlighting multi-year delays and multi-billion dollar cost overruns at the National Nuclear Security Administration, which is currently overseeing 28 major construction projects.

NSF infrastructure projects are experiencing delays, per AIP's FYI Science Policy.

OBITUARY: The DOE Climate Working Group Report, 2025–2026 it died in a footnote

On The Climate Brink, an obituary for the DOE Climate Working Group report

Not the main takeaway of the Trump administration's attacks on Iran by any stretch, but: it really does underscore Congressional Republicans quietly rejecting Trump's budget cuts, given how completely they have abdicated their Article I powers in other areas.