ACE and a coalition of national higher education associations
filed an amicus brief today in support of Harvard University’s lawsuit challenging the Trump administration’s efforts to subvert higher education to the federal government’s political leadership.
The brief, filed with the U.S. District Court for the District of Massachusetts, urges the court to grant Harvard’s motion for summary judgment and reject what it describes as an unconstitutional attempt by the administration to pressure universities into political compliance by threatening their federal research support.
Harvard
filed suit in April after the Department of Education froze more than $2.2 billion in federal research grants, citing alleged governance failures and a lack of “viewpoint diversity.” In its
lawsuit, Harvard alleges that the funding freeze was unlawful retaliation for the university’s refusal to comply with demands from the administration related to its governance and academic practices.
The ACE-led brief warns that the administration’s actions violate the First Amendment, undermine the separation of powers among the branches of our government, and exceed executive authority. “Under the First Amendment of the Constitution, federal officials cannot dictate how colleges and universities structure their governance, educate their students, and serve their communities—just as they similarly lack the power to do so with other non-federal organizations, entities, or individuals,” the brief states.
It also warns that the administration’s actions, if left unchecked, would endanger not just Harvard but the entire research ecosystem. “If elected federal officials in 2025 are permitted to force universities to cater to whoever holds the political power of the moment,” the brief cautions, “it will happen again and again, in 2028, 2032, 2036, and beyond, to the detriment of this nation.”
The case comes amid a wave of federal actions targeting colleges and universities that have clashed with the administration’s political agenda.
In recent months, the administration has threatened institutions with the
loss of funding over DEI efforts,
imposed restrictions on international student visas,
increased scrutiny of academic programs deemed ideologically out of step, and frozen or cut funding in multiple ways, including an attempt to
slash the indirect cost rate for research. While a number of institutions
have joined ACE, AAU, and APLU in suing the National Institutes of Health, the National Science Foundation, and the Department of Energy over the indirect cost cuts, the Harvard case marks the first time a major research university has taken the administration to court over these actions on its own, with wide-ranging implications for how federal funding can be used—or withheld—as leverage.
The amicus brief argues that allowing the freeze to stand would have implications beyond research, as it would set a dangerous precedent for politically motivated interference in higher education nationwide. It warns that the administration’s tactics could create a chilling effect, with colleges and universities across the country fearing the loss of critical federal funding if they resist unlawful demands.
“The Administration’s actions reverberate far beyond Harvard and jeopardize the richness of [the American higher education] spectrum, which has long been one of our country’s greatest strengths,” the brief asserts.
Oral arguments are scheduled for July 21, and a decision could come before the start of the fall semester.
A copy of the brief and list of participating associations is available
here.