A federal judge on Wednesday ruled the Trump administration’s freeze on federal funds for Harvard University is unconstitutional.
The administration has revoked more than $2 billion from the Ivy League university over allegations that the school did not do enough to combat antisemitism on campus and is illegally using racial preferencing and other diversity, equity and inclusion (DEI) tactics. Judge Allison D. Burroughs ruled the administration’s actions illegally imposed on Harvard’s free speech rights and that the university was taking steps on its own to tackle the issues the administration is targeting it for.
“Defendants and the President are right to combat antisemitism and to use all lawful means to do so. Harvard was wrong to tolerate hateful behavior for as long as it did,” the ruling reads. “We must fight against antisemitism, but we equally need to protect our rights, including our right to free speech, and neither goal should nor needs to be sacrificed on the altar of the other.’”
“Just as President Trump correctly predicted on the day of the hearing, this activist Obama-appointed judge was always going to rule in Harvard’s favor, regardless of the facts,” Liz Huston, White House assistant press secretary, told the Daily Caller News Foundation. “To any fair-minded observer, it is clear that Harvard University failed to protect their students from harassment and allowed discrimination to plague their campus for years. Harvard does not have a constitutional right to taxpayer dollars and remains ineligible for grants in the future. We will immediately move to appeal this egregious decision, and we are confident we will ultimately prevail in our efforts to hold Harvard accountable.”
Harvard and the administration have been in a standoff for months, with negotiations seeming futile. The university publicly declared it would not “surrender” to the administration in April, citing academic freedom and free speech concerns. While the administration has signaled a willingness to compromise, Harvard reportedly planned on beating the administration through the court system alone.
“Harvard is currently, even if belatedly, taking steps it needs to take to combat antisemitism and seems willing to do even more if need be,” the ruling continues. “Now it is the job of the courts to similarly step up, to act to safeguard academic freedom and freedom of speech as required by the Constitution, and to ensure that important research is not improperly subjected to arbitrary and procedurally infirm grant terminations, even if doing so risks the wrath of a government committed to its agenda no matter the cost.
“The First Amendment is important and the right to free speech must be zealously guarded,” the ruling stated. “Free speech has always been a hallmark of our democracy.”
“In an unsurprising turn of events, the same Obama-appointed judge that ruled in favor of Harvard’s illegal race-based admissions practices – which was ultimately overturned by the Supreme Court – just ruled against the Trump Administration’s efforts to hold Harvard accountable for rampant discrimination on campus,” Madi Biedermann, deputy assistant secretary for communications at the Department of Education, told the DCNF. “Cleaning up our nation’s universities will be a long road, but worth it.”
A Harvard spokesman referred the DCNF to the university’s public message.
“Even as we acknowledge the important principles affirmed in today’s ruling, we will continue to assess the implications of the opinion, monitor further legal developments, and be mindful of the changing landscape in which we seek to fulfill our mission,” Harvard president Alan Garber wrote. “We will continue to dedicate ourselves to expanding, disseminating, and applying knowledge, knowing that our successes will make a real difference for individuals across the country and around the world.”
This post has been updated to include comments from the White House and the Department of Education.
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