Judge in Harvard funding lawsuit calls Trump administration's arguments ‘a bit mind-boggling'

Boston Globe

a day ago

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Harvard alumni rally outside a Boston court where Harvard University will argue against the Trump administration's funding cuts
'The consequences for that in terms of constitutional law are staggering,' Burroughs said.
Harvard has argued the Trump administration violated its constitutional rights and that the cuts are a significant blow to critical scientific research.
Michael Velchik, a Department of Justice attorney appearing on behalf of the government, argued that the government has the right to cancel Harvard's grants because of its determination that Harvard has failed to root out antisemitism on campus, which he said is a priority of the Trump administration.
'Harvard claims the government is anti-Harvard. I reject that,' Velchik said. 'The government is pro-Jewish students at Harvard. The government is pro-Jewish faculty at Harvard.'
Burroughs, who said she is Jewish and agreed that there were some missteps on campus, pressed Velchik to connect the concerns about antisemitism with the cancellation of funds and why the administration could make wholesale cuts instead of making decisions grant-by-grant.
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After Harvard publicly resisted the Trump administration's demands in April,
The case has enormous consequences not just for Harvard — the university says the
Steven Lehotsky, a lawyer representing Harvard, argued Monday that the government's termination of the university's research grants violated Harvard's First Amendment rights. He pointed to the Trump administration's
Lehotsky said that the case is 'about the federal government's control over the inner-workings of America's oldest institution of higher education.'
Harvard has also argued that the Trump administration skirted a legal process to cancel funding under Title VI of the Civil Rights of 1964, which prohibits discrimination 'on the basis of race, color, or national origin.' Lehotsky at one point quoted 'Sentence first—verdict afterwards,' a line from the Queen of Hearts in the book 'Alice's Adventures in Wonderland,' to illustrate how he believes the government took action before legally justifying its decisions.
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The Trump administration
knew that process was available to try and cancel funds, but chose not to follow it.
Velchik, meanwhile, said that the government was not using the Title VI process in this case and argued that the administration had the authority under federal regulations regarding grants. Because of that, Velchik argued that the case should be tried in federal claims court as opposed to federal district court, which Burroughs sharply questioned.
Burroughs is a familiar face for Harvard. She is presiding over the university's other high-profile case against the Trump administration, which challenges the government's efforts to bar Harvard from hosting international students. Burroughs has blocked those efforts until the case is decided, and the government has
The judge also
In a post on his social media network Truth Social, President Trump said Monday that Burroughs is 'a TOTAL DISASTER' and an 'automatic 'loss' for the People of our Country,' an example of Trump's
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On Monday, Burroughs also heard from lawyers representing
As the hearing wrapped up around noon, dozens of Harvard students, faculty, and alumni gathered outside of the John Joseph Moakley Courthouse in support of the university and its researchers.
The rally was organized by the Crimson Courage, a group of Harvard alumni that has called on Harvard to
Community organizer and Harvard alumnus Lew Finfer, who helped coordinate the protest, said the funding cuts not only have disastrous consequences for scientific research, but also for families whose lives were directly impacted by studies focused on cancer, Alzheimer's, and other diseases.
'Having family ... who have had cancer and died of cancer and have Alzheimer's, the fact that people are trying to do something about it — [the research] always feels personal, as it would to anyone if they heard heard about these things," Lew said.
'It's not just research,' Finfer added. It's people's lives.'
James McAffrey, 22, a Harvard undergraduate who co-founded
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'I haven't had research funding cut. I'm not at risk of being deported,' he said Monday. 'Which is why I feel even more committed to speaking out … because there's so many of my peers that can't say what they think and that's not right in an America built on freedom of speech.'
Aidan Ryan can be reached at