Harvard v. HHS — 1st Cir. (Oct 5, 2026)
The First Circuit hears Harvard's challenge to the termination of federal research grants. In April 2025, a federal task force demanded changes to Harvard's governance, hiring and admissions, and an audit of faculty viewpoints, citing concerns about antisemitism. Harvard rejected the demands, saying they threatened its academic freedom. That same day, the government announced a freeze of two point two billion dollars in multiyear grants. Harvard sued, and federal agencies subsequently terminated research grants. In September 2025, the district judge ruled that the government had unlawfully retaliated against Harvard and bypassed Title Six's procedures for withdrawing funding over discrimination. The court set aside the freeze orders and grant terminations, and the government appealed. This appeal does not challenge the court's jurisdiction over the general freeze orders; it focuses on the individual grant terminations and the relief ordered. The Tucker Act gives the Court of Federal Claims jurisdiction over contract claims against the United States. The government says Harvard is seeking payment under grant contracts and must use that court. Harvard says it is enforcing constitutional and civil-rights protections, not merely collecting a contract debt. The judges will examine which court can hear these claims, what funding rules apply, and whether the terminations were unlawful retaliation. Michael Velchik will argue for the federal government.
Harvard v. HHS (No. 25-2230) — U.S. Court of Appeals for the First Circuit, argued October 5, 2026.
- 0:00Introduction
- 14:53Title VI and grant termination
- 30:01Advocate — Paul Clement