Case: Unites States of America v. Harvard University Fellows and President

1:26-cv-11352 | U.S. District Court for the District of Massachusetts

Filed Date: March 20, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

[On March 20, 2026, the U.S. government filed suit against Harvard University Fellows and President ("Harvard") in U.S. District Court for the District of Massachusetts. In their complaint, the U.S. alleges that Harvard failed to protect their Jewish and Israeli students by (1) remaining deliberately indifferent to hostility against these groups and (2) intentionally refusing to enforce their campus rules when victims were Jews or Israelis. Because Harvard accepts grants from the U.S., it is re…

[On March 20, 2026, the U.S. government filed suit against Harvard University Fellows and President ("Harvard") in U.S. District Court for the District of Massachusetts. In their complaint, the U.S. alleges that Harvard failed to protect their Jewish and Israeli students by (1) remaining deliberately indifferent to hostility against these groups and (2) intentionally refusing to enforce their campus rules when victims were Jews or Israelis. Because Harvard accepts grants from the U.S., it is required to comply with Title VI of the Civil Rights Act of 1964. The U.S. alleges that Harvard is in violation of Title VI by its repeated discrimination against Jewish and Israeli students. This action seeks to compel Harvard to comply with Title VI and to recover billions of dollars of taxpayer subsidies awarded to the university while it engages in this discriminatory conduct. Plaintiff seeks a declaration that Harvard has violated Title VI, an injunction against the alleged discrimination, to permit the recission of grants previously given to Harvard, to discontinue giving grants to Harvard, and to appoint an independent outside monitor.

This case is ongoing.

Summary Authors

Claire Pollard (3/22/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72520538/parties/united-states-v-president-and-fellows-of-harvard-college/


Judge(s)

Stearns, Richard Gaylore (Massachusetts)

Attorney for Plaintiff

Flickinger, Daniel (Massachusetts)

Morrison, Jeffrey (Massachusetts)

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Documents in the Clearinghouse

Document
1

1:26-cv-11352

Complaint

Unites States of America v. President and Fellows of Harvard College

March 20, 2026

March 20, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72520538/united-states-v-president-and-fellows-of-harvard-college/

Last updated June 2, 2026, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Harvard University Fellows and President (Fee Status: US Government), filed by Unites States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Cert. of Related Cases)(Morrison, Jeffrey) (Entered: 03/20/2026)

1 Civil Cover Sheet

View on PACER

2 Category Form

View on PACER

3 Exhibit Cert. of Related Cases

View on RECAP

March 20, 2026

March 20, 2026

Clearinghouse
2

NOTICE of Appearance by Jeffrey Morrison on behalf of Unites States of America (Morrison, Jeffrey) (Entered: 03/20/2026)

March 20, 2026

March 20, 2026

3

NOTICE of Appearance by Daniel Flickinger on behalf of Unites States of America (Flickinger, Daniel) (Entered: 03/20/2026)

March 20, 2026

March 20, 2026

4

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (SEC) (Entered: 03/20/2026)

March 20, 2026

March 20, 2026

5

Judge Richard G. Stearns: ELECTRONIC ORDER entered. Under L.R. 40.1(g), a civil case may be "deemed related to another civil case only if: (A) some or all of the parties are the same; and (B) one or more of the following similarities exist: i. the cases involve the same or substantially similar issues of fact; ii. the cases arise out of the same occurrence, transaction or property; iii. the cases involve insurance coverage for the same property, transaction or occurrence." L.R. 40.1(g)(1). "Civil cases, even when they involve some or all of the same parties, shall not be deemed related to each other solely on the ground that they: (A) involve the same or substantially similar challenges to a law, regulation, or government policy or practice; or (B) otherwise involve a common question of law." L.R. 40.1(g)(3).The government has until March 27, 2026 to file a brief (of no more than five (5) pages) explaining how this case is related to Kestenbaum v. President and Fellows of Harvard College (24-10092-RGS) within the scope of L.R. 40.1.(RGS, law3) (Entered: 03/20/2026)

March 20, 2026

March 20, 2026

Notice of Case Assignment

March 20, 2026

March 20, 2026

Order

March 20, 2026

March 20, 2026

6

WAIVER OF SERVICE Returned Executed by Unites States of America. Harvard University Fellows and President waiver sent on 3/20/2026, answer due 5/19/2026. (Flickinger, Daniel) (Entered: 03/23/2026)

March 23, 2026

March 23, 2026

7

NOTICE of Appearance by Adam Forester Griffin on behalf of United States of America (Griffin, Adam) (Entered: 03/23/2026)

March 23, 2026

March 23, 2026

8

NOTICE of Appearance by Joshua Robert Zuckerman on behalf of United States of America (Zuckerman, Joshua) (Entered: 03/25/2026)

March 25, 2026

March 25, 2026

9

RESPONSE TO COURT ORDER by United States of America re 5 Order,,,, Brief in Support of Certification of Related Case. (Flickinger, Daniel) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

RECAP
10

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Response to Court Order. The court is satisfied that the cases are related within the scope of L.R. 40.1(g). (RGS, law3) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

11

NOTICE of Appearance by Felicia H. Ellsworth on behalf of President and Fellows of Harvard College (Ellsworth, Felicia) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

12

CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

13

NOTICE by President and Fellows of Harvard College Concerning Related Case Submission (Ellsworth, Felicia) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

RECAP
14

NOTICE of Appearance by Joshua S. Levy on behalf of President and Fellows of Harvard College (Levy, Joshua) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

15

NOTICE of Appearance by Steven Paul Lehotsky on behalf of President and Fellows of Harvard College (Lehotsky, Steven) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

16

NOTICE of Appearance by John P Mertens on behalf of United States of America (Mertens, John) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

Order

March 26, 2026

March 26, 2026

17

MOTION to Designate Case as Related and to Transfer by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 04/13/2026)

April 13, 2026

April 13, 2026

RECAP
18

MEMORANDUM in Support re 17 MOTION to Designate Case as Related and to Transfer filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 04/13/2026)

April 13, 2026

April 13, 2026

RECAP
19

RESPONSE to Motion re 17 MOTION to Designate Case as Related and to Transfer filed by United States of America. (Zuckerman, Joshua) (Entered: 04/24/2026)

April 24, 2026

April 24, 2026

20

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 17 Motion. The court is not persuaded that this action is more related to Harvard v. HHS, No. 25-cv-11048 (D. Mass.), than Kestenbaum v. President & Fellows of Harvard College, No. 24-cv-10092 (D. Mass.), and Louis D. Brandeis Center for Human Rights v. President and Fellows of Harvard College, No. 24-cv-11354 (D. Mass.). Although it is true, as defendant notes, that the government was not party to either Kestenbaum or Louis D. Brandeis Center, as it was in Harvard v. HHS, the overlap of factual and legal issues is much greater between this case and Kestenbaum and Louis D. Brandeis Center than it is between this case and Harvard v. HHS. (RGS, law3) (Entered: 04/24/2026)

April 24, 2026

April 24, 2026

Order on Motion for Miscellaneous Relief

April 24, 2026

April 24, 2026

21

Assented to MOTION for Leave to File Excess Pages for Defendant's Motion to Dismiss by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 05/07/2026)

May 7, 2026

May 7, 2026

RECAP
22

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 21 Motion for Leave to File Excess Pages for Defendant's Motion to Dismiss. (JAM) (Entered: 05/07/2026)

May 7, 2026

May 7, 2026

Order on Motion for Leave to File Excess Pages

May 7, 2026

May 7, 2026

23

MOTION for Leave to File Brief Amici Curiae in Support of the Plaintiffs Legal Action Against the Defendant. (JAM) (Entered: 05/14/2026)

May 14, 2026

May 14, 2026

RECAP
24

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 23 Motion for Leave to File Document. The substance of the proposed amici brief is not relevant to any legal issue raised in this case. The motion is accordingly denied. (RGS, law3) (Entered: 05/15/2026)

May 15, 2026

May 15, 2026

25

Copy re 24 Order on Motion for Leave to File mailed to Kaveh L. Afrasiabi at 103 Indian Hill Road Carlisle MA 01741 on 5/15/2026. (JAM) (Entered: 05/15/2026)

May 15, 2026

May 15, 2026

26

Consent MOTION for Leave to Appear Pro Hac Vice for admission of Robert K. Hur Filing fee: $ 125, receipt number AMADC-11747661 by President and Fellows of Harvard College. (Attachments: # 1 Exhibit Certification of Robert K. Hur)(Lehotsky, Steven) (Entered: 05/15/2026)

May 15, 2026

May 15, 2026

Order on Motion for Leave to File Document

May 15, 2026

May 15, 2026

Copy Mailed

May 15, 2026

May 15, 2026

27

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by President and Fellows of Harvard College.(Ellsworth, Felicia) (Entered: 05/18/2026)

May 18, 2026

May 18, 2026

RECAP
28

MEMORANDUM in Support re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by President and Fellows of Harvard College. (Ellsworth, Felicia) (Entered: 05/18/2026)

May 18, 2026

May 18, 2026

RECAP
29

MOTION to Reconsider the Order of 5/15/2026 filed by Kaveh L. Afrasiabi. (JAM) (Entered: 05/19/2026)

May 18, 2026

May 18, 2026

RECAP
30

NOTICE of Appearance by David Jacob Zimmer on behalf of Benjamin Eidelson, Deborah Hellman (Zimmer, David) (Entered: 05/20/2026)

May 20, 2026

May 20, 2026

31

MOTION for Leave to File Amicus Brief by Benjamin Eidelson, Deborah Hellman. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Zimmer, David) (Entered: 05/20/2026)

1

View on RECAP

May 20, 2026

May 20, 2026

32

MOTION for Leave to Appear Pro Hac Vice for admission of Benjamin Eidelson Filing fee: $ 125, receipt number AMADC-11757860 by Benjamin Eidelson, Deborah Hellman.(Zimmer, David) (Entered: 05/20/2026)

May 20, 2026

May 20, 2026

33

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 31 Motion for Leave to File Amicus Brief. (JAM) (Entered: 05/20/2026)

May 20, 2026

May 20, 2026

34

AMICUS BRIEF filed by Benjamin Eidelson and Deborah Hellman. (JAM) (Entered: 05/20/2026)

May 20, 2026

May 20, 2026

35

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 32 Motion for Leave to Appear Pro Hac Vice Added Benjamin Eidelson. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 05/20/2026)

May 20, 2026

May 20, 2026

Order on Motion for Leave to Appear

May 20, 2026

May 20, 2026

Order on Motion for Leave to File Document

May 20, 2026

May 20, 2026

36

NOTICE of Appearance by Benjamin Eidelson on behalf of Benjamin Eidelson, Deborah Hellman (Eidelson, Benjamin) (Entered: 05/21/2026)

May 21, 2026

May 21, 2026

RECAP
37

Notice - Other

June 1, 2026

June 1, 2026

RECAP

Case Details

State / Territory:

Massachusetts

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: March 20, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States of America.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Non-profit or advocacy

Harvard University

Defendant Type(s):

College/University

Case Details

Causes of Action:

Title IV, Civil Rights Act of 1964, 42 U.S.C. § 2000c et seq.

Other Dockets:

District of Massachusetts 1:26-cv-11352

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

National origin discrimination

Religion discrimination

Affected National Origin/Ethnicity(s):

Israeli

Affected Religion(s):

Judaism

Recommended Citation