Harvard Law School professor emeritus Alan Dershowitz told Newsmax on Monday that Harvard’s lawsuit is likely a ploy to bring the Trump administration to the bargaining table, adding that the university would lose if the case ever made it to the Supreme Court.
Harvard filed suit on Monday to halt a federal freeze on more than $2.2 billion in grants. Dershowitz told “The Record With Greta Van Susteren” that the federal government has no legal obligation to fund universities.
“Harvard’s going to lose. It has no obligation legally, the government, to fund a $53 billion university. I don’t understand the basis of the lawsuit,” Dershowitz said. “They’re claiming First Amendment. But, you know, Harvard has the First Amendment right to speak and to teach and academic freedom, but it doesn’t have the right to get funding.
“I think the lawsuit is designed to send a message to the administration — come sit down and negotiate. Their two lawyers who they hired initially are negotiators; they’re close to the Trump family and Trump business. And I think this is simply a ploy to try to get a resolution,” he added.
In the end, Dershowitz said that the sides will likely settle but the edge will go to the Trump administration over the long haul.
“About a third of the things that the government asked for from Harvard are right; they should do it. Third of them may be wrong and about a third of them are subject to negotiation. So this case will settle. But if it goes to the Supreme Court, it’s going to lose. [Harvard] may win in the district court because it’s Massachusetts, but it will lose in the Supreme Court,” Dershowitz said.
