A recent lawsuit filed by Harvard University alleges that the federal government has unlawfully withheld funds in retaliation for the institution’s stance against specified conditions regarding free speech. The suit contends that this funding freeze penalizes Harvard for exercising its rights in the realm of free expression.
Additionally, the lawsuit addresses Title VI of the Civil Rights Act, which prohibits government funding to organizations exhibiting racial discrimination. The case claims that Harvard’s purported tolerance for antisemitism has provided grounds for the government to initiate a funding freeze. However, the lawsuit outlines the necessary legal procedures mandated before any funding can be cut, including hearings, a notification period of 30 days, and Congressional notification, indicating that the government has failed to comply with these requirements.
Harvard further argues that the government’s actions regarding the frozen funds are arbitrary, asserting that “The Government has not—and cannot—identify any rational connection between antisemitism concerns and the medical, scientific, technological, and other research it has frozen.”
The lawsuit also raises a significant constitutional question concerning the authority of the executive branch: Can it halt the distribution of funds approved by Congress? The suit claims, “Defendants do not have any inherent authority to terminate or freeze appropriated federal funding.”
Remedies
The lawsuit seeks multiple remedies, including a declaration that the government’s actions are illegal, a reversal of the freeze order, and measures to prevent the government from implementing similar freezes by other means. Harvard also requests that any future actions regarding antisemitism allegations adhere to the procedures established by Title VI and seeks reimbursement for legal fees.
Recognizing the urgency of the situation, the university is asking for an expedited ruling due to the potential detrimental impact on research conducted at the institution. This lawsuit has been filed in the District of Massachusetts, a venue previously utilized for similar cases aimed at curbing the Trump administration’s actions against federally funded research. Historically, these cases have prompted swift judicial responses and temporary injunctions that have halted harmful funding cuts, suggesting a likelihood of a similar outcome for Harvard.
