The Trump administration has appealed a September court ruling that ordered the release of nearly 2.7 billion dollars in frozen research funding to Harvard University.
The appeal was filed late Thursday night in the United States District Court for the District of Massachusetts, challenging a September 3 decision by District Judge Allison D. Burroughs that granted Harvard sweeping summary judgement on constitutional grounds.
In a brief notice, lawyers for the Department of Justice said the government would appeal final judgements in two related cases, one filed by Harvard and another brought by the Harvard faculty chapter of the American Association of University Professors. The appeal moves the dispute to the United States Court of Appeals for the First Circuit and marks the next stage of a legal battle that Judge Burroughs previously decided largely in Harvard’s favour.
Final judgement in the case was entered on October 20, giving both parties 60 days under federal law to file an appeal. The government’s filing came two days before the deadline.
The White House had pledged to challenge the ruling shortly after it was delivered. “We will immediately move to appeal this egregious decision, and we are confident we will ultimately prevail in our efforts to hold Harvard accountable,” White House spokesperson Liz Huston said in a statement at the time.
In her September ruling, Burroughs concluded that the Trump administration’s decision to freeze Harvard’s funding violated the Constitution, finding that the move amounted to retaliation for protected speech. She ruled that allegations of antisemitism were used as a pretext for what she described as an “ideologically-motivated assault” on universities and said the administration failed to follow procedures required under Title VI of the 1964 Civil Rights Act.
Harvard filed the lawsuit in April after billions of dollars in research funding were cut. The university argued that the freeze was an attempt to punish it for refusing to comply with federal demands, including requests that the government be given oversight over faculty hiring, admissions policies, and internal governance.
Following the ruling, some funding began to flow back to the university. In late September, Harvard researchers received about 46 million dollars in federal grants, covering roughly 200 projects and marking the first release of funds in four months.
Several legal experts have said the administration faces a difficult challenge at the First Circuit given the strength of the September decision. Former Department of Health and Human Services general counsel Samuel R. Bagenstos said he doubted the ruling would be overturned.
“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,” he said.
If the First Circuit rules against the government, the administration’s final option would be an appeal to the Supreme Court, where its arguments may receive a more favourable hearing from the court’s conservative majority.
The appeal filing did not outline the administration’s legal arguments. Once the case is formally docketed, both sides will be allowed to submit detailed briefs. There is no deadline for the First Circuit to issue a ruling, though the court is expected to set a briefing schedule in the coming weeks.
Meanwhile, federal officials and Harvard are reported to be in discussions over a possible settlement that could involve a payment of up to 500 million dollars in exchange for the restoration of funding and the resolution of ongoing investigations. No agreement has yet been finalised.
