Yes, Trump Can Cut Funding To Universities That Violate Civil Rights Law

Originally published by The Federalist

In a recent piece for National Review, John Yoo and Robert Delahunty argue the Trump administration is justified in challenging Harvard’s tax-exempt status. Citing the U.S. Supreme Court’s decision in Bob Jones University v. the United States (1983), the authors point to precedent establishing university policies “contrary to a fundamental public policy” and in violation of “deeply and widely accepted views of elementary justice” constitute grounds for revoking 501(c)(3) status.

It can be added that the administration is on solid ground in stripping funding from Harvard under Title VI of the Civil Rights Act of 1964, which bars institutions receiving federal assistance from discriminating on the basis of race, color, or national origin. That action was recently taken in response to Harvard’s rejection of the Trump administration’s settlement proposal following its investigation of Harvard’s failure to protect Jewish students from targeted harassment and violence. The terms of the settlement included several reforms, the most controversial of which required Harvard to take reasonable action to address rampant viewpoint discrimination against conservative-leaning students and faculty.

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