Trump administration takes Harvard $2.7B grant dispute to First Circuit amid ongoing DOJ legal battle
The Trump administration has formally appealed a ruling that restored nearly $2.7 billion in federal research funding to Harvard University, taking the dispute to the US Court of Appeals for the First Circuit. The move marks the next stage in a months-long legal confrontation between the Department of Justice (DOJ) and the Ivy League institution.The appeal follows a September decision by District Judge Allison D. Burroughs, who ruled that the administration’s freeze on Harvard’s funding violated the Constitution. Judge Burroughs concluded that the cuts were retaliatory, aimed at punishing the university for protected speech, and that allegations of antisemitism were used as a pretext for “an ideologically-motivated assault” on higher education, as quoted by the Harvard Crimson.Background on the legal battleIn her September ruling, Burroughs granted Harvard summary judgement in a landmark case, finding that the federal government had failed to follow proper procedures under Title VI of the 1964 Civil Rights Act. Harvard initiated the lawsuit after the White House cut billions in research funding, arguing the freeze was intended to compel the university to comply with federal demands over faculty hiring, admissions policies, and internal governance decisions.The administration’s appeal was filed late on a Thursday night, just two days before the statutory 60-day deadline under federal law. Lawyers for the DOJ stated they intended to challenge final judgements in two related cases — one brought directly by Harvard and another filed by the Harvard faculty chapter of the American Association of University Professors, as reported by the Harvard Crimson.Restoration of funds and ongoing negotiationsFollowing Burroughs’ ruling, Harvard began receiving partial restoration of federal funds, including $46 million covering roughly 200 separate grants. Legal experts, including former Department of Health and Human Services general counsel Samuel R. Bagenstos, told the Harvard Crimson that the government faces a difficult battle at the First Circuit, describing the lower court’s decision as “really careful and well-reasoned.”The DOJ’s filing did not include the rationale for the appeal, and both sides will have the opportunity to submit additional briefs as the case progresses. Federal law does not impose a timeline for the First Circuit to act, though a briefing schedule is expected in the coming weeks.The federal government and Harvard are reportedly discussing a potential settlement that could involve payments up to $500 million in exchange for the restoration of funds and resolution of ongoing investigations, as quoted by the Harvard Crimson.The case highlights a broader conflict between the Trump administration and major research universities over federal oversight and grant conditions. If the First Circuit rules against the administration, the Supreme Court may become the final arbiter, where the Trump administration could find a more receptive audience given its conservative supermajority.
