Harvard Asks Court to Dismiss DOJ Antisemitism Lawsuit on May 19 2026

Harvard filed a 49-page document today to stop the DOJ lawsuit. This follows a September 2025 ruling where a judge found previous funding threats were unfair.
By Newsroom | Education, Legal |

Harvard has petitioned a federal judge to throw out the Department of Justice's lawsuit that accuses the university of failing to protect Jewish and Israeli students. University lawyers argue that the government's case, filed in March, relies on outdated allegations and is legally insufficient, failing to demonstrate a continuing violation of Title VI of the Civil Rights Act. The motion, a 49-page document filed in the U.S. District Court of Massachusetts, asserts that the DOJ's complaint does not establish an ongoing or threatened breach of the law.

Harvard’s legal team contends the DOJ’s lawsuit is a continuation of a prior administration's "retaliation campaign" and therefore barred by the First Amendment.

The university's filing, submitted Monday, emphasizes that the current DOJ suit is distinct from previous actions because it seeks broad federal enforcement based on past incidents rather than redress for a presently ongoing violation. Harvard’s lawyers argue that the government’s complaint overlooks subsequent developments and essentially rehashes claims previously used by the Trump administration in its attempt to halt billions of dollars in federal research funding.

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The DOJ initiated its lawsuit in March, alleging Harvard's non-compliance with Title VI, which prohibits discrimination in federally funded programs. However, Harvard maintains the government has not adequately presented a case for an active or impending violation.

This legal maneuver follows a September 3, 2025, ruling where U.S. District Judge Allison Burroughs sided with Harvard, determining that the Trump administration had unlawfully sought to withhold federal funding. At that time, the judge indicated the administration had "used antisemitism as a smokescreen" against the university.

Previously, in July 2025, Donald Trump had publicly criticized Judge Burroughs over a separate case involving Harvard and international student visas, in which Burroughs also ruled in favor of the university. The Trump administration had accused Harvard and other institutions of violating Title VI in their handling of anti-Israel protests, leading to reviews by multiple federal agencies, including the IRS, Department of Education, and Department of Homeland Security. Harvard was seeking to recover over $2 billion in federal funding that had been jeopardized by the administration's scrutiny of approximately $9 billion in grants and contracts.

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Frequently Asked Questions

Q: Why did Harvard ask the court to dismiss the DOJ lawsuit on May 19, 2026?
Harvard argues that the DOJ lawsuit relies on old claims that do not show an active violation of the Civil Rights Act. They believe the government is rehashing past issues that were already settled in court.
Q: How does the DOJ lawsuit affect Harvard's federal funding?
The lawsuit threatens Harvard's access to federal research grants. If the court agrees with Harvard, the university will continue to receive its $9 billion in federal funding without government interference.
Q: What did Judge Allison Burroughs say about previous Harvard funding cases?
In September 2025, Judge Burroughs ruled that the government used antisemitism as an excuse to unfairly withhold money from Harvard. She sided with the university, stating the government's actions were unlawful.
Q: Who is affected by this legal battle between Harvard and the DOJ?
Jewish and Israeli students are affected by the claims of discrimination, while Harvard staff and researchers are affected by the potential loss of billions of dollars in federal research grants.