Does the DOJ or PSF have more money for lawyers? If the answer isn’t the latter, the PSF is quite reasonably concluding that regardless of how a fair court might rule it would be financially perilous to attempt to stick up for the law, especially when a Republican supreme court has a fair chance of inventing another pretext for denying victory or allowing maximal harm to be done before acknowledging the law.
No. I was just pointing out that your downplaying of the risks in this thread is too cavalier: I believe they think, as do I, that even the cost of testing the legality of a particular interpretation would be crushing for a small non-profit.
If your point is that corporate lawyers tend to see monsters behind every blade of grass, I agree. This is what they are paid to do. If I am a cavalier, it is to calm this community, to point out that they are over-indexed on this language and that it is the courts jurisdiction to decide what is meant.
There is no language that will magically prevent a government from canceling a grant and requiring a grantee to pursue relief from the court. This type of guarantee does not exist.