Trump administration notches first big win in assault on higher education
The lawsuit concerned the Trump administration's cuts of $400m worth of federal funding to Columbia on the grounds it tolerated antisemitism during pro-Palestinian protests on campus. Columbia largely accepted the government's terms for restoring funding – in an agreement widely panned as a capitulation of its own academic freedom – several days before the American Association of University Professors (AAUP) and the American Federation of Teachers (AFT) sued the Trump administration over the cuts.
The judge in the case, Mary Kay Vyskocil of the southern district of New York, ruled that the faculty unions had no 'standing' to bring the suit and had not clearly indicated how the administration had broken the law.
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'It is not the role of a district court judge to direct the policies of the Executive Branch first and ask questions later,' the judge, a Trump appointee, wrote in her 30-page ruling. 'Plaintiffs have not established their standing to litigate this case, let alone any violation of any law.' She seemed to accept the government's prerogative to withhold funding and its argument that Columbia had enabled antisemitism to fester on campus. She also noted that Columbia had remained 'conspicuously absent' from the case.
The university did not immediately respond to a request for comment. That funding has not yet been restored though the education secretary, Linda McMahon, recently said that Columbia had 'made great progress' and that the administration was considering a consent decree with the university.
The administration has also cut billions in funding to several other universities, warning dozens more that it is investigating them over alleged antisemitism on campuses. So far, Harvard, which has lost more than $3bn in federal funding, is the only university to sue the administration in two separate lawsuits, one over funding cuts and another against the administration's ban on Harvard's ability to enroll international students. On Monday, a federal judge in Massachusetts extended a temporary block on the administration's order concerning Harvard's foreign students.
The AAUP has filed three other lawsuits against the Trump administration – over its ban on diversity, equity, and inclusion initiatives; the attempted deportation of pro-Palestinian students; and funding cuts at Harvard. The group has vowed to fight on.
'This is a disappointing ruling, but by no means the end of the fight,' Todd Wolfson, the AAUP president said. 'The Trump administration's threats and coercion at Columbia University are part of an authoritarian agenda that extends far beyond Columbia. Ultimately, lifesaving research, basic civil liberties and higher education in communities across the country are all on the line. Faculty, students and the American public will not stand for it. We will continue to fight back.'
Protect Democracy, the group representing the AAUP and AFT, said it would appeal Monday's ruling and vowed to 'continue to fight to stop the administration from using public funding as a cudgel to consolidate power over higher education', it said in a statement.
'This is a deeply problematic decision that ignores what this is all about – a government attempt to punish a university over student protests that galvanized a national movement in opposition to Israel's genocide in Gaza,' said Radhika Sainath, senior managing attorney at Palestine Legal, a group advocating for pro-Palestinian voices on US campuses which had filed a brief in support of the AAUP's lawsuit.
'The court uncritically takes the government's line for granted, that speech activity critical of Israel is inherently anti-Jewish – though Jewish students and professors make up a large percentage of those speaking up for Palestinian human rights.'
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