Attorney Alan Dershowitz said Monday that Harvard University’s lawsuit against the Trump administration over frozen federal funding lacks legal standing and is a politically motivated ploy to force negotiations. Appearing on Newsmax’s “The Record with Greta Van Susteren,” Dershowitz dismantled the university’s First Amendment argument and predicted a likely Supreme Court defeat.
“Harvard’s gonna lose. It has no obligation, legally, the government, to fund a $53 billion university,” Dershowitz said. “They’re claiming First Amendment, but Harvard…doesn’t have the right to get funding.”
Harvard filed suit Monday night, accusing the Trump administration of attempting to coerce the school by threatening to withdraw over $2.2 billion in federal grants and contracts. The administration’s move followed Harvard’s refusal to implement a series of anti-antisemitism measures demanded by the Department of Education.
Those demands, issued April 11, included revising campus disciplinary policies, screening international students for extremist views, and reviewing academic programs with a history of antisemitism. Harvard rejected the terms on April 14, calling them an attempted “federal takeover” of the university.
In response, the Joint Task Force to Combat Anti-Semitism recommended suspending billions in federal grants. Health and Human Services officials also confirmed the Trump administration is pausing over 500 NIH grants to Harvard—totaling more than $1 billion.
Dershowitz suggested that the lawsuit is more about negotiation than constitutional principles. “I think the lawsuit is designed to send a message to the administration. Come sit down and negotiate,” he said. He added that Harvard’s legal team includes individuals close to the Trump family, further signaling a backchannel effort to strike a deal.
Dershowitz broke down the administration’s demands, estimating one-third are valid, one-third are flawed, and the remainder are negotiable. While he expects Harvard might see early success in lower courts, he was confident the case would ultimately fail in the Supreme Court if pursued.
