American Association of University Professors v United States Department of Justice — 1st Cir. (Oct 5, 2026)
The First Circuit hears academic organizations' challenge to federal research funding cuts at Harvard. 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 refused, saying the demands threatened its academic freedom. Within hours, the government announced a freeze of two point two billion dollars in multiyear grants, and federal agencies later terminated research awards. The American Association of University Professors, its Harvard faculty chapter and the UAW union had already sued, before the freeze and terminations. Their case is separate from Harvard's own lawsuit: they say the funding cuts harmed their members' research and freedom of speech. In September 2025, the district judge ruled that the government had unlawfully retaliated against protected speech and bypassed Title Six's funding procedures. The court set aside the freeze orders and terminations, and the government appealed. The appeal focuses on the individual grant terminations and the relief ordered, not the court's jurisdiction over the general freeze orders. Under the Tucker Act, the Court of Federal Claims hears contract claims against the United States. The government says restoring these grants effectively enforces contracts and belongs in that court. The organizations say they are enforcing constitutional and civil-rights protections, not collecting a contract debt. Michael Velchik of the Justice Department will argue for the federal government.
American Association of University Professors v United States Department of Justice (No. 25-2231) — U.S. Court of Appeals for the First Circuit, argued October 5, 2026.
- 0:00Introduction
- 3:30Privity and specific performance
- 6:45Advocate — Elizabeth Prelogar
- 21:52Title VI funding safeguards