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Harvard's case against Trump administration now in hands of a federal judge

SACHA PFEIFFER, HOST:

The case of Harvard versus the Trump administration is now in the hands of a federal judge.

STEVE INSKEEP, HOST:

Lawyers from both sides made their arguments in court in Boston while supporters of Harvard rallied outside.

(SOUNDBITE OF ARCHIVED RECORDING)

UNIDENTIFIED CROWD: (Chanting) Veritas. Veritas.

INSKEEP: Veritas is a Latin word meaning truth, and it's the motto of Harvard University.

PFEIFFER: NPR's Elissa Nadworny was outside the courthouse yesterday and joins us this morning from Cambridge, Massachusetts. Good morning, Elissa.

ELISSA NADWORNY, BYLINE: Good morning.

PFEIFFER: What was it like at the courthouse?

NADWORNY: Well, outside the courthouse, about a hundred students, staff, faculty members and alumni gathered to show their support for Harvard. I talked with James McAffrey, a Harvard senior studying government. He co-founded Students for Freedom, a group that advocates for university leaders to stand up to the Trump administration.

JAMES MCAFFREY: I'm from Oklahoma, a very red state. I'm a very proud American. I believe in freedom of speech. I believe in the American dream. When you're starting to attack freedom of speech, that's anti-American. When you're starting to say, we're going to cut your funding, that's un-American.

NADWORNY: The federal grants that were frozen impact about 900 research studies at Harvard, from national security to cancer treatments to children's mental health.

PFEIFFER: And what about inside the courtroom? Tell us what played out there.

NADWORNY: So inside, the courtroom was packed. There was actually a long line to get in. For arguments, Harvard really stuck with what they had filed in court documents - that the White House violated the university's First Amendment rights and acted in retaliation when it demanded control over the school's viewpoint diversity policies. Now, the more surprising pivot was on the side of the Trump administration.

PFEIFFER: In terms of their legal argument? Did they adjust what they're arguing?

NADWORNY: Yeah. So in court filings, the administration said these grants were canceled because Harvard violated civil rights law by allegedly fostering antisemitism on campus. But in court on Monday, the lone lawyer representing the Trump administration - Michael Velchik - seemed to pivot, arguing that the administration has the right to cancel government grants at any time if it decides that an institution doesn't align with its priorities. He essentially framed the issue as one about finances and told the judge that the government has the ability to simply give the research funding to another institution. He actually singled out Howard University, a historically Black college in Washington, D.C. And Velchik is actually a Harvard alum himself. And he told the court, quote, "Harvard wants billions of dollars. That's the only reason we are here. They want the government to write a check."

PFEIFFER: Elissa, any indication of what the judge is thinking?

NADWORNY: Well, in court, Judge Allison Burroughs - an Obama appointee - appeared to push back on the administration's argument. She asked about the relationship between cancer research and combating antisemitism. At one point, she even called the government's arguments, quote, "mind-boggling." And after arguments wrapped up, President Trump wrote on Truth Social that Burroughs was, quote, "a total disaster" and that, "when she rules against us, we will immediately appeal, and win."

PFEIFFER: And what's the sense in the legal community of whether that is likely to be how this turns out?

NADWORNY: Well, both sides have asked for a summary judgment. In court, Burroughs said that she would issue her ruling as fast as possible. Now, that opinion could come after several days or even weeks. But, yeah, legal scholars have told us, you know, whoever loses is likely going to appeal. And that means that this case could eventually land at the U.S. Supreme Court.

PFEIFFER: That is NPR's Elissa Nadworny in Cambridge, Massachusetts. Thanks for your reporting.

NADWORNY: You bet.

(SOUNDBITE OF KILGORE DOUBTFIRE'S "ESCAPE") Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Elissa Nadworny reports on all things college for NPR, following big stories like unprecedented enrollment declines, college affordability, the student debt crisis and workforce training. During the 2020-2021 academic year, she traveled to dozens of campuses to document what it was like to reopen during the coronavirus pandemic. Her work has won several awards including a 2020 Gracie Award for a story about student parents in college, a 2018 James Beard Award for a story about the Chinese-American population in the Mississippi Delta and a 2017 Edward R. Murrow Award for excellence in innovation.
Sacha Pfeiffer is a correspondent for NPR's Investigations team and an occasional guest host for some of NPR's national shows.