Can Harvard Tough it Out?

Talking Feds

Harry talks with Mark Tushnet, the William Nelson Cromwell Professor of Law, Emeritus at Harvard Law School, and one of the country’s leading constitutional scholars. After a brief discussion about his new book, “Who Am I To Judge,” the two dive in to the law and politics of the Trump administration assault on elite universities, in particular Harvard and Columbia. Tushnet explains why he thinks that the Administrations’ broad-gauged demands are unconstitutional on several grounds, including a somewhat underdeveloped principle in the law of fit between Government objection and proposed remedy, i.e. here that the administration is stating concerns about antisemitism to justify an extremely broad range of demanded changes. Tushnet describes the fervent opposition on campus and in the Harvard alumni community to the Administration’s demands, and lays out Harvard's overall strategic thinking in the short, medium, and long terms. The two then turn to the very different response from Columbia, including discussion of the Administration’s apparent consideration of a very novel approach to continuing supervision of the university under the model previous Departments of Justice have employed for corrupt police departments.

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