President and Fellows of Harvard College v. Department of Health and Human Services et al.

Docket No.
25-2230
Appellate Court
First Circuit

Goal

  • Block enforcement of an agency action
  • Declaration that agency action is unlawful

Issues

Case History

Potential Impact:

Why this Matters:

Plaintiffs argue that defendants’ freezing of federal grants and contracts to Harvard University based on vague notions of viewpoint discrimination violates the Administrative Procedure Act, violates the First Amendment, and exceeds executive authority. Harvard relies on federal funding to support medical, scientific, and technological research at its facilities. The defendants appeal a judgment vacating their freeze orders. This appeal addresses whether the district court erred in vacating all funding freezes and terminations of funding to Harvard University.

Potential Impact:

Loss of federal funding by higher education institutions compromises academic freedom and significantly reduces research operations, thus jeopardizing their ability to conduct critical research.

News And Analysis (1)

11 Major Filings

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Related Litigation

Current Status

Briefing is ongoing

Important Date

Plaintiff's Brief Due

Legal Issues

Administrative Procedure Act - Contrary to Constitutional Right, First Amendment - Free Speech Clause, Ultra Vires, Administrative Procedure Act - Lack of Statutory Authority, Administrative Procedure Act - Without Observance of Procedure Required by Law, Administrative Procedure Act - Arbitrary and Capricious

Topic(s)

Funding Termination/Cuts

Date Filed
December 18, 2025
Case Type
Civil
Court Type
Appellate Court
Court
First Circuit
Plaintiff(s)
President and Fellows of Harvard College
Lead Counsel For Plaintiff(s)
Lehotsky Keller Cohn LLP
Defendant(s)
Department of Health and Human Services; National Institutes of Health; Robert F. Kennedy, Jr.; Department of Justice; Pamela J. Bondi; Department of Education; Linda M. McMahon; General Services Administration; Stephen Ehikian; Department of Energy; Christopher A. Wright; National Science Foundation; Sethuraman Panchanathan; Department of Defense; Peter B. Hegseth; National Aeronautics and Space Administration; Janet E. Petro; Department of Agriculture; Brooke L. Rollins; Department of Housing and Urban Development; Scott Turner
Lead Counsel for Defendant(s)
Government