In federal court, the nation's oldest university went head-to-head with the Justice Department, fighting over the Trump administration's decision to freeze more than $2 billion in funding to Harvard. Jessica Levinson has more.

Cambridge

Harvard University is engaged in a legal battle with the U.S. Justice Department following the Trump administration's decision to freeze more than $2 billion in federal funding. The administration cited concerns that Harvard was not adequately protecting Jewish students and faculty, alleging the university's policies were anti-Semitic and inconsistent with federal standards. 

Harvard argues that the funding freeze is retaliatory and violates its First Amendment rights, also claiming the administration failed to follow proper legal procedures under the Administrative Procedures Act. The case raises broader questions about the extent of federal power over private educational institutions and the legal processes required for such significant actions.

Behind the legal battle over Harvard funding

In a federal court today, the nation's oldest university went head-to-head with the Justice Department, fighting over the Trump administration's decision to freeze more than $2 billion in funding to Harvard. For tonight's interview, we are joined by CBS legal contributor Jessica Levinson. So, Jessica, what is at stake? Obviously, what's at stake is Harvard's funding, but beyond that? Beyond that, what's at stake is really the power of a private institution, here a big educational institution, to push back against any administration, here the Trump administration. The Trump administration famously sent Harvard that April 11th letter saying, basically, Harvard, we want you to make a lot of changes in terms of protest policies, admissions, in terms of student discipline. And Harvard said, no. The Trump administration then said, basically, we're cutting off more than $2.5 billion. The question for the court—obviously, it's more detailed than this—but is that, does the Trump administration have the power to do that, and are there limits on that power? Jessica, what was the central claim that the Trump administration made that made them feel like they could make all those requests from Harvard? So, the Trump administration said, essentially, that Harvard was not properly protecting Jewish students and Jewish professors, and that it had policies that were anti-Semitic. And the Trump administration, in court, is making the argument that Harvard's policies are no longer consistent with the Trump administration's policies, so that, as a matter of contractual law, it can cancel these grants, that, basically, John, there's a clause in these grants, and it says that if the federal government is giving to a recipient, the recipient no longer has policies that are consistent with the federal government or the administration, that it can cancel those contracts. So that's the crux of its argument. And what's Harvard's rebuttal? Harvard's argument is, no, you can't, because actually what you're doing is retaliating against us, and you're infringing on our First Amendment rights. You're targeting us because of what we're saying or not saying. In addition, Harvard is making the argument—I know we talk about this a lot, the Administrative Procedures Act—that the Trump administration didn't go about this the right way, that they didn't provide proper process, and that their actions are arbitrary and capricious along the lines of the Administrative Procedures Act. Briefly, Harvard said, what is the connection between allegedly having anti-Semitic issues and cutting funding for cancer research? So on the Administrative Procedures Act, which everyone has memorized, how useful is that argument, either in this specific case or more broadly, for an administration that often doesn't do things by the book? I'm so glad you highlighted this question, because a lot of the challenges to the Trump administration's executive actions are based on the Administrative Procedures Act. Now, as we know, last month the Supreme Court said district courts can't impose nationwide injunctions. But one thing district court judges can do is say, administration, we think that you did not follow the Administrative Procedures Act, which in my view would have the same effect. It would mean that an executive action cannot go into effect anywhere in the country. So it would look to a lot of people like it has the same, again, impact as a nationwide injunction.

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