Serious Trouble The Emerging Presumption of Irregularity
Apr 23, 2025
Harvard is pushing back against the Trump administration's attempts to impose federal control, raising questions about academic freedom. The Supreme Court recently challenged the government on deportation orders linked to the Alien Enemies Act. Tensions between the press and administration are highlighted as the Associated Press faces exclusion from press pools. Additionally, legal battles around high-profile defamation and bribery cases reveal complexities in accountability and the justice process, painting a vivid picture of today’s legal landscape.
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Harvard Resists Administration Takeover
- Harvard received onerous demands from the Trump administration threatening funding cuts.
- Harvard refused, seeing it as a federal takeover attempt, and decided to sue instead.
Limits on Government Funding Discretion
- The administration has broad discretion in funding but can't act in a retaliatory, biased, or unlawful manner.
- Harvard’s lawsuit challenges the government on First Amendment and procedural grounds, seeking to enjoin unconstitutional actions.
Eroding Presumption of Regularity
- The Supreme Court increasingly doubts the government’s claims and is less willing to presume regularity.
- Extraordinary government actions provoke extraordinary judicial response, undermining usual deference.