The Trump administration has announced it will appeal a US federal court ruling that struck down its freeze on Harvard University’s research funding. The White House confirmed late Wednesday that it will challenge the decision, which blocked the government’s attempt to impose multibillion-dollar restrictions on the university.
US District Judge Allison D. Burroughs ruled earlier in the day that the funding freeze was unconstitutional. The order prevents the administration from reimposing similar conditions on Harvard’s grants. Legal experts said the case could now move through the appeals process or head directly to the Supreme Court.
According to a report by The Harvard Crimson, White House spokesperson Liz Huston said, “Just as President Trump correctly predicted on the day of the hearing, this activist Obama-appointed judge was always going to rule in Harvard’s favor, regardless of the facts. We will immediately move to appeal this egregious decision, and we are confident we will ultimately prevail in our efforts to hold Harvard accountable.”
The First Circuit Court of Appeals is the likely next step, where the administration is expected to seek an emergency stay to restore the freeze during the appeal. Legal experts, however, noted that the circuit has a record of rejecting similar government requests.
“This is a really careful and well-reasoned opinion, and I don't think the Court of Appeals will be persuaded that she got it wrong,” said former Department of Health and Human Services general counsel Samuel R. Bagenstos.
If the First Circuit declines to intervene, the administration could appeal directly to the Supreme Court on its emergency “shadow docket,” a path that has been used in earlier funding disputes. Harvard Law School professor Noah R. Feldman said the appeals court could hear arguments this fall and issue a ruling by December, allowing Harvard to access its funds for the rest of the year.
The Supreme Court has previously granted partial stays in similar cases involving terminated research grants. Legal observers believe the Harvard case could attract review given the Court’s conservative majority.
Bagenstos added, “This Supreme Court has been very solicitous of Donald Trump and his administration, and so they may well decide to get involved here, and they may well be asked to do so on an expedited basis.”
The outcome now depends on whether the White House pursues a longer appeal in the circuit courts or seeks quicker relief from the Supreme Court.
US District Judge Allison D. Burroughs ruled earlier in the day that the funding freeze was unconstitutional. The order prevents the administration from reimposing similar conditions on Harvard’s grants. Legal experts said the case could now move through the appeals process or head directly to the Supreme Court.
According to a report by The Harvard Crimson, White House spokesperson Liz Huston said, “Just as President Trump correctly predicted on the day of the hearing, this activist Obama-appointed judge was always going to rule in Harvard’s favor, regardless of the facts. We will immediately move to appeal this egregious decision, and we are confident we will ultimately prevail in our efforts to hold Harvard accountable.”
The First Circuit Court of Appeals is the likely next step, where the administration is expected to seek an emergency stay to restore the freeze during the appeal. Legal experts, however, noted that the circuit has a record of rejecting similar government requests.
“This is a really careful and well-reasoned opinion, and I don't think the Court of Appeals will be persuaded that she got it wrong,” said former Department of Health and Human Services general counsel Samuel R. Bagenstos.
If the First Circuit declines to intervene, the administration could appeal directly to the Supreme Court on its emergency “shadow docket,” a path that has been used in earlier funding disputes. Harvard Law School professor Noah R. Feldman said the appeals court could hear arguments this fall and issue a ruling by December, allowing Harvard to access its funds for the rest of the year.
The Supreme Court has previously granted partial stays in similar cases involving terminated research grants. Legal observers believe the Harvard case could attract review given the Court’s conservative majority.
Bagenstos added, “This Supreme Court has been very solicitous of Donald Trump and his administration, and so they may well decide to get involved here, and they may well be asked to do so on an expedited basis.”
The outcome now depends on whether the White House pursues a longer appeal in the circuit courts or seeks quicker relief from the Supreme Court.
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