At Harvard, Israeli flags were placed on the lawn during campus protests./LANE TURNER/THE BOSTON GLOBE VIA GETTY IMAGES

Judge throws out Trump’s Harvard antisemitism lawsuit, citing lack of evidence

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Judge throws out Trump’s Harvard antisemitism lawsuit, citing lack of evidence

At Harvard, Israeli flags were placed on the lawn during campus protests./LANE TURNER/THE BOSTON GLOBE VIA GETTY IMAGES

A federal judge threw out the Trump administration’s lawsuit accusing Harvard University of having “turned a blind eye” to Jewish and Israeli students, ending for now the most high-profile campus antisemitism case in the legal arena.

The judge, Richard Stearns, ruled last week that the government’s evidence for Harvard having committed Title VI civil rights violations was “too isolated and episodic to support a plausible inference that any institutionalized noncompliance with Title VI persists at Harvard to this day.”

In a statement, U.S. Assistant Attorney General Harmeet Dhillon told the Jewish Telegraphic Agency that the government disagrees with the ruling and is “assessing next steps.”

Trump’s suit against the Ivy League school, first filed in March, was a cornerstone of his administration’s aggressive and contentious fight against campus antisemitism. Harvard was among the most prominent schools to have experienced severe tensions, including incidents directly targeting Jewish students and Zionists, in the aftermath of the Oct. 7, 2023 Hamas attacks in Israel. The school settled cases with some Jewish students and put forward its own plans to fight antisemitism.

However, unlike some other schools, Harvard resisted the government’s efforts to force concessions and pay a fine in order to resolve Title VI cases. The school also fought the Trump administration’s 2025 freezing of more than $2 billion in federal funds to Harvard, which the government argued was punishment for failing to address campus antisemitism.

Stearns, a judge with the U.S. District Court for the District of Massachusetts, wrote that the government’s case in the Title VI suit was flawed because it relied on incidents almost entirely from the 2023-24 school year and couldn’t be considered “ongoing.”

He also criticized the Trump administration’s practice of withholding funds from schools accused of Title VI violations, writing, “Congress’s intent was not to penalize a wayward funding recipient but instead to incentivize it to bring itself into compliance with Title VI.”

Under the Title VI section of the Civil Rights Act, institutions that receive federal funds must not discriminate on the basis of race, color or national origin.

A spokesperson for Harvard did not immediately return a request for comment.

Shabbos Kestenbaum, a Harvard alum who has become a prominent conservative campus activist on antisemitism issues since Oct. 7, criticized the ruling.

“Harvard insists on violating the civil rights of American Jewish students while holding the American people hostage in paying for it,” he wrote in an email message to the JTA. Kestenbaum encouraged the government not to issue any further grants to the university.

The case has been seen as a barometer of academia’s ability to fight the Trump administration in court over federal incursion efforts, many of which the administration cited campus antisemitism to justify. The day before the suit’s dismissal, three dozen universities – including fellow Ivy League schools Brown, Columbia and Cornell, all of whom had signed agreements with the Trump administration in exchange for dropping antisemitism charges – filed an amicus brief supporting Harvard in a separate case that had restored the school’s federal funding by court order.

The legal brouhaha had divided Jewish groups. Weeks before the judge’s ruling, Hillel International filed, then immediately withdrew, its own amicus brief supporting Harvard in the separate case. Hillel’s brief had argued the school was already adequately addressing antisemitism and that the government’s actions “do not help Jewish students.” Hillel withdrew the brief hours later, after activists including Kestenbaum criticized the organization on social media and urged donors to withhold funding.

Hillel International declined to comment on the latest development to JTA. A request for comment to Harvard Hillel, which operates independently of the parent organization, was not immediately returned. A request for comment to Harvard Chabad, whose director has also been outspoken about fighting campus antisemitism, was also not immediately returned.

Harvard’s Jewish community has also split over the school’s handling of antisemitism and the merits of the lawsuit. A March open letter signed by 120 Jewish Harvard faculty and staff after the lawsuit’s initial filing said the government “cynically exploits concerns about antisemitism to justify what can only be described as an authoritarian assault on institutions of higher education.” Θ

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