On July 22, CUPA-HR joined the American Council on Education and 26 other higher education organizations in filing an amicus brief with the 1st U.S. Circuit Court of Appeals in Harvard v. Department of Health and Human Services. The brief supports Harvard and urges the court to affirm a district court injunction blocking the Trump administration’s freeze of billions of dollars in the university’s federal funding.
Background
Beginning March 31, 2025, the administration launched a “comprehensive review” of Harvard’s federal contracts, citing the university’s alleged promotion of “divisive ideologies.” Over the following two weeks, the administration escalated its demands through a series of letters. An April 3 letter directed Harvard to improve “viewpoint diversity,” end “ideological capture,” and shutter its diversity, equity and inclusion (DEI) programs as conditions for continued funding. An April 11 letter went further, demanding access to Harvard’s hiring and admissions data through at least 2028, government audits of the university’s hiring and student body, and reforms to student discipline policies.
When Harvard rejected the demands on April 14, the administration froze the university’s federal funding. Harvard sued, and a federal district court in Massachusetts enjoined the freeze. The administration appealed the decision to the 1st Circuit.
Brief
The amicus brief emphasizes the institutional autonomy protected by the First Amendment and argues that the administration’s funding freeze is unlawful retaliation against Harvard for the perceived political leanings of its faculty and leadership. The brief notes that federally funded institutions must comply with Title VI and that Congress established detailed procedures for terminating funding when an institution is noncompliant. It further argues that the government cannot leverage its funding role to coerce the forfeiture of First Amendment rights.
The brief warns that, if upheld, the administration’s actions would set a dangerous precedent for all of higher education by enabling the federal government to punish institutions whose ideology it disfavors. As such, the brief asks the 1st Circuit to affirm the district court’s injunction.
CUPA-HR will keep members apprised of major updates related to this lawsuit.