Federal Judge Tosses Justice Department Suit for Harvard Admissions Records, but Leaves the Door Open to Refile
Judge Myong Joun ruled the government did not show it followed required procedures before suing. The dismissal is without prejudice and does not decide whether Harvard uses race in admissions or whether its retaliation claims have merit.
A federal judge on Monday dismissed the Justice Department's lawsuit seeking Harvard's admissions records, Fox News reports.
The ruling. U.S. District Judge Myong Joun found the department had not shown it followed required procedures before it sued Harvard to obtain applicant-level admissions data. The dismissal is without prejudice, so the government may file again if it fixes the problems the court named. "The Government may be able to identify a qualifying determination or cure the procedural deficiency, but it has not supplied a sufficient basis for the judicial relief currently sought," he wrote in a 10-page decision.
What the department wanted. The suit was filed in February under then-Attorney General Pam Bondi, who said Harvard had "failed to disclose the data we need to ensure that its admissions are free of discrimination." It sought records for a federal civil rights review of whether Harvard still considers race after the Supreme Court's 2023 ruling limiting its use. The department said Harvard repeatedly delayed producing records and did not provide individualized admissions files despite extended deadlines.
The procedural gaps. Joun acknowledged the government had made repeated requests and warned Harvard of possible enforcement. But he said its complaint did not allege officials told Harvard they would sue if it did not comply, or identify the specific compliance failure. He also found the Education Department had not shown it followed its own procedures before referring its separate admissions investigation for court enforcement.
Harvard's argument. Harvard's lawyers said, according to Reuters as cited by Fox, that the suit was part of a broader retaliatory campaign after the university resisted demands over its governance and academic policies. Joun did not rule on that.
What the judge did not decide. "Nothing in this decision converts the Government's request for information into an accusation of present discrimination or resolves Harvard's underlying Title VI compliance," he wrote.
What we could not check. We have not read the decision. Fox says it asked the Justice Department, the Education Department and Harvard for comment, and no responses were included. Whether the department will refile was not reported.