A federal judge dismissed the Department of Justice‘s discrimination lawsuit against Harvard University on Tuesday, calling instances of antisemitism at the Ivy League university too “isolated and episodic” to justify the case.
U.S. District Judge Richard Stearns, a Clinton appointee, emphasized in a Thursday order that his goal was not to dismiss “any concern arising from these occurrences.” Yet he added that the government’s case, which focuses “almost entirely” on the 2023-24 academic year, did not “support a plausible inference that any institutionalized noncompliance” with federal antidiscrimination law persists at Harvard.
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The government’s complaint against Harvard focuses on instances of alleged discrimination against Jewish and Israeli students that began after the Oct. 7, 2023, attacks. Those instances range from a student hearing protesters yell “Heil Hitler” to another student being assaulted while filming a “die-in” protest.
Only three of those instances took place after the 2023-24 academic year, according to Stearns.
“Harvard failed to enforce its rules or meaningfully discipline the mobs that occupy its buildings and terrorize its Jewish and Israeli students,” the government argued in its complaint, which was originally filed in March and amended in June. “Harvard instead rewarded students who assaulted, harassed, or intimidated their Jewish and Israeli peers.”
The government brought its case under Title VI of the Civil Rights Act of 1964. The statute prohibits discrimination based on race, color, or national origin in any program that receives federal funding.
Harvard receives more than $600 million per year in federal research grants, though recent changes from the Trump administration have jeopardized that figure.
“We disagree with the ruling and are assessing next steps,” Assistant Attorney General for Civil Rights Harmeet Dhillon said on Thursday. “The Justice Department’s Civil Rights Division is actively investigating antisemitism nationwide. The Civil Rights Division has an extensive and active portfolio of antisemitism enforcement, including indictments, prosecutions, settlements, and investigations across the country.”
The Trump administration could still appeal the dismissal to the 1st U.S. Circuit Court of Appeals.
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The Harvard lawsuit is part of a broader campaign by the Trump administration. The government says its actions are meant to punish universities for antisemitism, though critics argue that they are part of an effort to retaliate against universities for exercising academic freedom.
Harvard had been negotiating with the Trump administration toward a settlement, though those talks halted after President Donald Trump demanded more than $1 billion in concessions from the school. Harvard is pursuing separate litigation against the administration to keep nearly $2.7 billion in federal funding.
