Justice Department Appeals Dismissal of Antisemitism Lawsuit against Harvard

The Department of Justice appealed the dismissal of its antisemitism lawsuit against Harvard on Thursday, seeking to revive a sweeping case accusing the University of violating federal civil rights law in its treatment of Jewish and Israeli students.

The government filed a notice Thursday afternoon asking the First Circuit to review U.S. District Court Judge Richard G. Stearns’ August 13 decision granting Harvard’s motion to dismiss the case.

The appeal comes two weeks after Stearns dealt a major blow to one of the Trump administration’s most aggressive legal efforts against Harvard, finding that the incidents cited by the government were “too isolated and episodic” to prove an ongoing violation of Title VI.

Spokespeople for Harvard and the Department of Justice did not immediately respond to a request for comment.

The lawsuit, brought in March, argued that the University violated Title VI of the Civil Rights Act of 1964 in its response to incidents of campus antisemitism after Hamas’ Oct. 7, 2023 attack on Israel. It sought to claw back nearly $1 billion in federal research funding awarded over the period of alleged noncompliance.

Stearns tossed the case earlier this month but ruled only on the first of a series of motions brought by Harvard. Stearns said the government was unable to prove that Harvard failed to comply with civil rights law after it provided notice to the University of its allegations in June 2025, as required by Title VI.

He emphasized that the ruling was narrow, writing in the brief, four-page ruling that the decision was “limited to the specific circumstances presented here.”

In particular, Stearns left open the possibility that should the government be able to present compelling instances of ongoing noncompliance, their case might be seen in a different light. And he did not quarrel with the government’s assumption that it could recuperate previously awarded funds under the Title VI or breach of contract arguments outlined in the original complaint.

Once the record for the case is filed, lawyers for the Justice Department will have 40 days to file a brief outlining their position against Stearns’ dismissal.

The government has two other appeals pending before the First Circuit. One case targets the $2.2 billion in funding that Harvard won back last fall and the other seeks to overturn a decision protecting Harvard’s ability to enroll international students.

This is a developing story and will be updated.

—Staff writer Hugo C. Chiasson can be reached at [email protected] or on Signal at hcc.35. Follow him on X @HugoChiassonn.

—Staff writer Elise A. Spenner can be reached at [email protected] or on Signal at elisespenner.82. Follow her on X @EliseSpenner.