Judge in Trump-Harvard case questions tie between antisemitism allegations and federal funding cuts
Judge Allison Burroughs, who noted in court that she is Jewish, said she would aim to rule quickly in the case
Harvard University’s “Veritas” shield is seen on a gate on Feb. 17, 2024. (PErica Denhoff/Icon Sportswire via Getty Images)
(JTA) — A federal judge in Boston heard arguments Monday in a closely watched case between Harvard University and the Trump administration over more than $2 billion in frozen research funding, a dispute rooted in claims the university failed to adequately respond to antisemitism on campus.
The hearing marked a key moment in the legal fight, which comes amid broader tensions between the federal government and elite universities over their handling of antisemitism and pro-Palestinian activism following the Hamas attacks on Israel last October.
Both Harvard and the administration are seeking summary judgment, which would allow the court to decide the case without a trial. The judge, Allison Burroughs, who said in court that she is Jewish, promised she would rule “as quickly as we can,” with Harvard pushing for a decision before Sept. 3, when reporting deadlines for the affected grants begin.
Harvard argues the administration’s decision to revoke the funding violates the First Amendment and civil rights law, and says the freeze has disrupted more than 950 research projects, many unrelated to campus life, including work on cancer, neurodegenerative diseases and biological threats.
According to CNN, which reported from inside the courtroom, Harvard attorney Steven Lehotsky said the administration acted in “blatant and unrepentant violation” of constitutional protections and that the move would “devastate long-running research projects, eviscerate labs, and hurt careers.”
The Trump administration says it has the authority to withhold funding from institutions that don’t take sufficient steps to address antisemitism. “It is the policy of the United States under the Trump Administration not to fund institutions that failed to adequately address antisemitism in their programs,” the government wrote in court filings.
Michael Velchik, a Justice Department attorney and Harvard graduate, defended the cuts as a contractual matter, saying the government had the right to withdraw support when its priorities change.
Burroughs, who noted during the hearing that she is “both Jewish and an American,” questioned the connection between the government’s goal and its method. “You’re not taking away grants from labs that could have been antisemitic,” she said, according to CNN, “but just cut off funding in a way one could argue hurts Americans and Jews.”
Harvard says it has taken steps to address campus antisemitism, including updating protest policies, reviewing discipline procedures, and expanding training on antisemitism.
Before the hearing, the latest escalation came in a letter sent by the Trump administration to Harvard President Alan Garber, accusing the university of violating the civil rights of its Jewish and Israeli students by failing to adequately respond to harassment and antisemitic incidents on campus. The letter cited alleged assaults, threats, and the display of antisemitic imagery during pro-Palestinian protests, and warned that unless Harvard makes “adequate changes immediately,” it risks losing all remaining federal financial support.
The Harvard case is part of a broader campaign by the Trump administration targeting elite campuses. At Columbia University, settlement talks are underway following similar allegations, and the university recently adopted the International Holocaust Remembrance Alliance’s definition of antisemitism and pledged not to meet with the student group behind last year’s pro-Palestinian encampment. In an email to the campus community, Interim President Claire Shipman said the university would work with groups including the Anti-Defamation League, the Foundation to Combat Antisemitism, and Yad Vashem on educational programming.
Velchik told the court the administration’s aim is not to punish Harvard but to protect Jewish students and faculty. “The government is pro-Jewish students at Harvard,” he said. “It wants a Harvard for all Americans.”
