Education
Can You Create a Diverse College Class Without Affirmative Action?

After the Supreme Court effectively ended affirmative action in 2023, many selective colleges said they still prized racial diversity and planned to pursue it. But how might they do that?
To grasp the challenge, let’s look at one oversimplified illustration. These 10,000 dots represent the standardized test scores of a class of high school seniors nationwide, arranged by their parents’ income.
On average, students from families with more resources tend to do better on measures like the SAT.
Black and Hispanic students, who tend to be poorer and have less access to opportunity, often do worse.
If selective colleges admitted students by score alone — using, say, a 1300 cutoff — the pool would not be very diverse, by race or class.
Six percent of this hypothetical admitted class are low-income students, and 10 percent are Black or Hispanic.
Affirmative action policies helped colleges admit more Black and Hispanic students.
But admissions preferences based on race are no longer legal. To create a more diverse class, colleges could …
… move that cutoff line …
… or change the slope of it …
… or rethink it entirely.
“Low-income” refers to students in the bottom quarter of parent income distributions.
Selective colleges and universities can no longer use race-based preferences in admissions to create a more diverse student body. But what if they gave a break instead to lower-income students? Or those from high-poverty schools? Or those who do relatively well academically despite challenges all around them?
To explore those questions — and how much racial diversity is possible without “race-conscious” admissions — the Upshot worked with Sean Reardon, a professor at Stanford, and Demetra Kalogrides, a senior researcher there, to model four alternatives to affirmative action.
The scenarios shown here are based on the real-life academic and demographic characteristics of the high school class of 2013 in America, the most recent tracked over time by a large nationally representative survey. We used this data set, further adjusted to reflect the rising diversity of students in the decade since, to simulate a representative class of 10,000 high school seniors. We then modeled their admissions prospects to the group of colleges (Barron’s Tier 1 schools) that rank as the most selective in the country — and that have also been most affected by the Supreme Court’s ruling.
Throughout, we use SAT scores as a simplified measure of academic merit (after test scores fell out of favor with many colleges during the pandemic, several of the most selective schools have recently returned to requiring them).
Our models simplify the complex and often opaque ways that selective colleges craft admissions (we also reserve no seats for athletes on scholarship or legacy students). But even a stripped-down exercise shows why some approaches to admissions would probably yield more diversity than others, by both race and class.
Let’s start with the simplest model and build from there:
Scenario 1 of 4: A preference for poorer students
Here again is our simulated class of 10,000 high school seniors, further identified by race.
Only some apply to the most selective colleges, a relatively small tier of about 80 schools like Stanford, Penn and N.Y.U.
Here’s where the admissions policies kick in. First, we admit 500 students, roughly in line with admissions rates at selective colleges.
Now let’s give a 150-point SAT boost to the lowest-income students.
Use the buttons to explore what happens in this scenario as well as the ones below.
In this scenario, we give a moderate boost to applicants on a sliding scale according to their parents’ income: from an extra 150 points for students from the poorest families, to 0 points for students from the richest ones. This creates the slope of the cutoff line you see above.
Because each of our scenarios admits a fixed class of 500 students, the results are zero-sum: As some students are newly admitted, others who might have been admitted under different policies no longer are. The magnitude of that effect — and whom it touches — differs depending on the criteria.
In this case, as more low-income students are admitted, some high-income students with SAT scores just above 1300 no longer get in. That trade-off creates significantly more economic diversity, as this table shows:
Change in admitted class in Scenario 1
Percentage point shifts in admitted student demographics, compared with test-only admissions
Show shares
Race | Bottom 25% | 25th– 50th |
50th– 75th |
Top 25% |
---|---|---|---|---|
White | – | – | – | – |
Asian | – | – | – | – |
Black | – | – | – | – |
Hispanic | – | – | – | – |
Other | – | – | – | – |
Figures are rounded. Other includes American Indian, Alaska Native and multi-racial students.
The share of admitted students from the top income quartile falls by about 12 percentage points.
But the shifts toward racial diversity are modest. The Black student share rises by just one percentage point. Why? Black families are over-represented among poorer households in America, but in terms of total numbers, there are still many more poorer white households.
For this reason, income is a relatively weak proxy for race in admissions. A preference for lower incomes produces just that: students with lower incomes, not necessarily a much larger share of Black or Hispanic students.
In this scenario, a total of 13 percent of students in the admitted class are Black or Hispanic. For context, Americans of high-school-graduation age today are about 38 percent Black or Hispanic.
It’s also worth emphasizing that we are modeling who gets admitted, not who enrolls. And Black and Hispanic students are less likely to take that additional step — enrolling in a selective college that might be expensive or far from home, even if they get in.
Scenario 2 of 4: Adding school poverty
In addition to a preference for low-income students, what if we added a preference for those who attend higher poverty schools?
Admit students using …
This scenario takes the 150-point income preference in Scenario 1 and adds a second 150-point preference for students in higher-poverty schools, as measured by the share of students in that school receiving free or reduced-price lunch. A low-income student in a high-poverty school could get as much as a 300-point boost.
This produces even more economic diversity than the preference for parental income alone. And it further nudges up the share of admitted Black and Hispanic students.
Change in admitted class in Scenario 2
Percentage point shifts in admitted student demographics, compared with test-only admissions
Show shares
Race | Bottom 25% | 25th– 50th |
50th– 75th |
Top 25% |
---|---|---|---|---|
White | – | – | – | – |
Asian | – | – | – | – |
Black | – | – | – | – |
Hispanic | – | – | – | – |
Other | – | – | – | – |
Figures are rounded. Other includes American Indian, Alaska Native and multi-racial students.
We know that students with equally low family incomes differ from each other in many ways. For example, low-income Black and Hispanic students are more likely than low-income white and Asian students to live in high-poverty neighborhoods and attend high-poverty schools.
And so if one goal of an admissions policy is to account for the compound disadvantages minority students often face, it may help to pull in more information: not just about their parents’ incomes, but also about their households, schools and neighborhoods.
Colleges could further hone a preference like this by pulling in more factors, including neighborhood poverty rates, parental education levels and parental wealth.
Do something like that, and “now you have a group of students who have overcome a lot more in life than the ones who have just been handed everything,” said Richard Kahlenberg, a researcher at the Progressive Policy Institute who has argued for this kind of robust class preference. He also served as an expert witness critiquing race-based admissions in the litigation that led to the Supreme Court decision.
Scenario 3 of 4: Finding the outliers
It’s possible to take the underlying idea in Scenario 2 and dial it up further, by identifying students who outperform their peers with similar disadvantages (or similar advantages).
Admit students using …
Here, we’re not just giving a boost to students who come from disadvantage. We’re rewarding students who perform better academically than other students with similar backgrounds.
This strategy identifies, for example, a student who has an 1100 SAT score — but whose score is 250 points above the typical student who also goes to a high-poverty high school and who has low-income parents who didn’t attend college. This strategy also discounts some of the wealthiest students whose 1400 scores look less impressive when compared with their equally well-off peers.
Students who outperform their peers are academic outliers, and that may indicate something special about them: “We’re admitting students on the basis of striving: students whose academic achievement exceeded expectations based on the access to opportunity that they had,” said Zack Mabel, a Georgetown researcher who has modeled admissions scenarios similar in concept to this one.
Of the scenarios tested so far, this one does the most to produce both economic and racial diversity, compared with admitting students on test scores alone. It also produces significant shifts among high-income white students; their share of the admitted class is 27 percentage points lower than it would be in a test-only environment. The resulting average SAT score of the admitted class is also the lowest of the scenarios so far, at 1340.
Change in admitted class in Scenario 3
Percentage point shifts in admitted student demographics, compared with test-only admissions
Show shares
Race | Bottom 25% | 25th– 50th |
50th– 75th |
Top 25% |
---|---|---|---|---|
White | – | – | – | – |
Asian | – | – | – | – |
Black | – | – | – | – |
Hispanic | – | – | – | – |
Other | – | – | – | – |
Figures are rounded. Other includes American Indian, Alaska Native and multi-racial students.
To gauge how we’d expect students to perform in this scenario, we take into account their parental income, school poverty level and a socioeconomic index that includes parents’ education levels and occupations. We use that data to predict each student’s SAT score. Then we admit the students who outperformed those predictions by the largest margins (until we’ve admitted 500 of them).
A college that cares more about keeping a higher average SAT score could use a limited version of a preference like this one. A school that believes students who beat the odds in high school are likely to succeed in college could embrace a fuller version.
Remember that in this scenario and each of the preceding ones, we’ve considered only students who apply to highly selective colleges (the national study we use as a reference shows which students actually did). We have effectively ignored all of the students shown below who don’t apply, including some with pretty good grades and test scores:
Students who didn’t apply to top colleges
Next, let’s think about that group, too.
Scenario 4 of 4: Casting a wider net
What happens when colleges try to expand the applicant pool?
Admit students using …
To create this scenario, we expanded the pool of applicants to selective colleges by modeling a recruiting strategy targeted at predominantly minority high schools.
First, we pull into the applicant pool all students of any race with SAT scores above 1000 at high schools where at least three-quarters of students are nonwhite. Then we rerun the preference for beating the odds from Scenario 3 with this larger applicant pool.
This strategy most notably captures more Hispanic students, and it produces by far the biggest shift toward lower-income students. It broadly redistributes seats held in an SAT-only scenario by high-income white students and, to a lesser degree, high-income Asian ones.
Change in admitted class in Scenario 4
Percentage point shifts in admitted student demographics, compared with test-only admissions
Show shares
Race | Bottom 25% | 25th– 50th |
50th– 75th |
Top 25% |
---|---|---|---|---|
White | – | – | – | – |
Asian | – | – | – | – |
Black | – | – | – | – |
Hispanic | – | – | – | – |
Other | – | – | – | – |
Figures are rounded. Other includes American Indian, Alaska Native and multi-racial students.
Although colleges can no longer employ racial preferences in admissions, several legal scholars said they believe schools can still consider race in recruiting strategies. The Supreme Court, in turning away another recent legal challenge, has also signaled — at least for now — that it’s permissible for colleges to pursue diversity as an end goal so long as racial preferences aren’t the means to achieve it.
Of the scenarios we’ve shown, an expanded recruiting strategy requires the most work from colleges. But it’s also “the big overlooked gold mine here,” said Richard Sander, a law professor at U.C.L.A. who has worked on admissions strategies at the law school level.
Such a recruiting strategy would mean not just tweaking statistical preferences, but also building relationships with high school counselors, traveling to college fairs, and perhaps developing dual-enrollment courses that introduce high school students to college work.
This kind of outreach — “to me, it’s everything,” said Jill Orcutt, the global lead for consulting with the American Association of Collegiate Registrars and Admissions Officers. She was previously the associate vice chancellor for enrollment at U.C. Merced, the most diverse school in the University of California system.
Comparing our scenarios
In evaluating the impact of the scenarios shown here, we’ve compared each one with the SAT-only baseline in which colleges consider a form of academic merit and nothing else. But it’s also helpful to think about these scenarios in another way — in comparison to the world as it might look if affirmative action were still legal.
To make that comparison, we also created a model approximating the effects of affirmative action. We took the same 150-point boost we’ve used in earlier scenarios, and we applied it to Black and Hispanic students. Real-world affirmative action policies were more complicated than this. But studies have found that such policies gave Black and Hispanic students higher odds of admission equivalent to an SAT score boost of a few hundred points.
Across all our models, Scenario 4 — rewarding students who are academic outliers given their life circumstances, while targeting a wider pool of recruits — comes the closest to creating the Black and Hispanic student shares you might get by giving a boost directly to those students:
Black and Hispanic students in each scenario
Alternatives to affirmative action
Other comparisons
Low-income students in each scenario
Alternatives to affirmative action
Other comparisons
“Low-income” refers to students in the bottom quarter of parent income distributions. Figures are rounded and show the share of students who are admitted in each of our models, under simplified assumptions.
Notably, our simple affirmative action model produces far less economic diversity than all of these alternatives. That was also a frequent criticism of such policies: Yes, colleges used them to admit more Black and Hispanic students, but those were overwhelmingly middle- and upper-income students. In our affirmative action model, just 6 percent of admitted students come from the bottom quartile of the income distribution. That’s almost identical to the share of such students who were enrolled in the real world across these selective colleges, according to a 2017 report.
To be clear, our simplified affirmative action model also suggests selective colleges would admit a far higher share of Black and Hispanic students — nearly 34 percent — than were actually in the incoming class of 2022 (23 percent across this top tier of selective schools). That’s because our model captures the upper bound of what’s possible with such a strategy.
Some schools that were already heavily investing in expanded recruiting, like Johns Hopkins, were actually close to or even above this number. Other selective colleges that devoted more seats to legacy students and fewer resources to minority recruiting or financial aid had much lower shares. Our model, in its simplicity, effectively treats all of these varied schools as if they act in unison.
The scenarios illustrated here can’t predict what will happen next — this is a model after all, if one based on real demographics. But this exercise reveals some broad lessons that probably translate to the real world: Income by itself is a weak stand-in for race. Neighborhood and school-level data can help identify minority students. And the potential of any admissions strategy is limited without casting a wider recruiting net.
The questions affecting each admissions parameter are also murky. Does more economic diversity replace some of what colleges lose with less racial diversity? Should students be evaluated in the context of all their disadvantages? How much should colleges yield on lower measures of academic merit to gain the advantages of a diverse campus?
Individual colleges will answer these questions in different ways. And they will do so considering factors, including financial aid and legacy admissions, that are more complex than the ones we modeled. But they’ll also have access to a lot more data than we do about each prospective student in trying to fine-tune what comes next. We will soon see what they do with it.
About this project
The data behind these admissions scenarios comes from the High School Longitudinal Study of 2009, which tracked a nationally representative cohort of over 23,000 U.S. high school students, starting in the ninth grade in 2009. The data collected over time includes high school transcripts, standardized test scores, Advanced Placement exam results, parents’ socioeconomic status and the colleges that students applied to and attended.
In models built with Sean Reardon and Demetra Kalogrides at Stanford, we illustrate 10,000 simulated students, constructed to resemble the demographic and academic makeup of the HSLS cohort in its senior year, 2013. We further weight that group to adjust for the racial diversity of ninth-grade students in America in 2019-20, using the Common Core of Data (for public school students) and the Private School Universe Survey (for private school students). Because we begin our simulations with students in U.S. high schools, our modeled admissions outcomes do not include international students, and we exclude international students from comparisons to the actual enrolled class of 2022 across selective colleges.
We constructed standardized test scores for each simulated student using 1) reported SAT scores 2) ACT scores converted to an SAT scale (in cases where an SAT score was not reported) 3) a predicted SAT score constructed using a standardized test given to HSLS study participants, their family income, family socioeconomic status, Advanced Placement courses taken and exams passed, and their high school characteristics.
We used SAT scores for ease of interpretation. But many college admissions offices are moving away from them. And so we also modeled the scenarios here using an academic merit index combining GPAs, Advanced Placement exam results and standardized test scores. Those models produced broadly similar results to the ones shown here.
Our models simulate admissions to Barron’s Tier 1 schools. In their simplicity, our models do not consider students admitted with legacy status or athletic scholarships, and they do not take into account the likely availability of financial aid.

Education
Video: Opinion | We Study Fascism, and We’re Leaving the U.S.

I’m a historian of totalitarianism. I look at fascist rhetoric. I’ve been thinking about the sources of the worst kinds of history for a quarter of a century. “Experts say the constitutional crisis is here now.” ”The Trump administration deporting hundreds of men without a trial.” “A massive purge at the F.B.I.” “To make people afraid of speaking out against him.” I’m leaving to the University of Toronto because I want to do my work without the fear that I will be punished for my words. The lesson of 1933 is you get out sooner rather than later. I’ve spent a lot of time in the last decade trying to prepare people if Trump were elected once, let alone twice. “Look what happened. Is this crazy?” [CHEERING] I did not flee Trump. But if people are going to leave the United States or leave American universities, there are reasons for that. One thing you can definitely learn from Russians — — is that it’s essential to set up centers of resistance in places of relative safety. We want to make sure that if there is a political crisis in the U.S., that Americans are organized. ”We’ve just gotten started. You haven’t even seen anything yet. It’s all just kicking in.” My colleagues and friends, they were walking around and saying, “We have checks and balances. So let’s inhale, checks and balances, exhale, checks and balances.” And I thought, my God, we’re like people on the Titanic saying our ship can’t sink. We’ve got the best ship. We’ve got the strongest ship. We’ve got the biggest ship. Our ship can’t sink. And what you know as a historian is that there is no such thing as a ship that can’t sink. “The golden age of America has only just begun.” America has long had an exceptionalist narrative — fascism can happen elsewhere, but not here. But talking about American exceptionalism is basically a way to get people to fall into line. If you think that there’s this thing out there called America and it’s exceptional, that means that you don’t have to do anything. Whatever is happening, it must be freedom. And so then what your definition of freedom is just gets narrowed and narrowed and narrowed and narrowed, and soon, you’re using the word freedom — what you’re talking about is authoritarianism. Toni Morrison warned us: “The descent into a final solution is not a jump. It’s one step. And then another. And then another.” We are seeing those steps accelerated right now. There are some words in Russian in particular that I feel help us to understand what’s happening in the United States because we now have those phenomena. “Proizvol”: It’s the idea that the powers that be can do anything they want to and you have no recourse. This not knowing who is next creates a state of paralysis in society. The Tufts student whose visa was removed because she co-authored an article in the Tufts student newspaper. [DESPERATE YELLING] I thought, what would I do if guys in masks tried to grab my student? Would I scream? Would I run away? Would I try to pull the mask off? Would I try to videotape the scene? Would I try to pull the guys off of her? Maybe I would get scared and run away. The truth is, I don’t know. Not knowing terrified me. It’s a deliberate act of terror. It’s not necessary. It’s just being done to create a spirit of us and them. “Prodazhnost”: It’s a word in Russian for corruption, but it’s larger than corruption. It refers to a kind of existential state in which not only everything but everyone can be bought or sold. “Critics are calling this a quid pro quo deal between Adams and President Trump.” “I’m committed to buying and owning Gaza.” “He made $2.5 billion today, and he made $900 million.” There’s an expression in Polish: “I found myself at the very bottom, and then I heard knocking from below.” In Russian, that gets abbreviated to “There is no bottom.” “We cannot allow a handful of communist radical left judges to obstruct the enforcement of our laws.” What starts to matter is not what is concealed but what has been normalized. There is no limit to the depravity — ”President Trump did not rule out the possibility of a third term.” — and the sadism — “The White House released this video titled ASMR Illegal Alien Deportation Flight.” — and the cruelty that we are watching now play out in real time. “This facility is one of the tools in our tool kit that we will use.” You have to continually ask yourself the question, “Is this OK? Is there a line I wouldn’t cross? Is there something I would not do?” People say, oh, the Democrats should be doing more. They should be fixing things. But if you want the Democrats to do things, you have to create the platform for them. You have to create the spectacle, the pageantry, the positive energy, the physical place where they can come to you. Poland recently went through a shift towards authoritarianism. Unlike in Russia, unlike in Hungary, the media remained a place, in Poland, where you could criticize the regime. And as a result, democracy returned. The moral of Poland is that our democratic institutions — the media, the university, and the courts — are essential. You know you’re living in a fascist society when you’re constantly going over in your head the reasons why you’re safe. What we want is a country where none of us have to feel that way.
Education
A $5 Billion Federal School Voucher Proposal Advances in Congress

Advocates for private-school choice celebrated this week as a federal schools voucher bill moved closer to becoming law, a major milestone that eluded their movement during President Trump’s first term.
The House Republican budget proposal that advanced on Monday would devote $5 billion to federal vouchers for private-school tuition, home-schooling materials and for-profit virtual learning.
The program in the budget bill could bring vouchers to all 50 states for the first time, including Democratic-leaning ones that have long rejected the idea.
Supporters hailed the proposal as “historic” and a “huge win,” but some cautioned that there was still much legislative haggling ahead.
“Ultimately, every child, especially from lower-income families, should have access to the school of their choice, and this legislation is the only way to make that happen,” said Tommy Schultz, chief executive of the American Federation for Children, a private-school choice advocacy group.
Opponents of the proposal were stunned at its sweeping implications. While it is in line with President Trump’s agenda, it had been considered somewhat of a long shot to make it out of the House Ways and Means Committee, because of its cost.
The program is structured as a $5 billion tax credit, allowing donors to reduce their tax bill by $1 for every $1 they give to nonprofits that grant scholarships — up to 10 percent of the donor’s income.
The option to donate is expected to be popular with wealthy taxpayers.
The resulting scholarships could be worth $5,000 per child, reaching one million students. Any family who earns less than 300 percent of their area’s median income — which equals over $300,000 in some parts of the country — could use the funds, meaning a vast majority of families would be eligible.
The proposal could pass through the budget reconciliation process, and could become law with only 51 votes in a Senate where Republicans hold 53 seats.
In the wake of the Covid-19 pandemic, many Republican-led states passed new private-school choice laws, overcoming decades of resistance from teachers’ unions, Democrats and rural conservatives. Opponents have long argued that vouchers hurt traditional public schools, by decreasing enrollment and funding levels. And they have pointed out that lower-income neighborhoods and rural areas often have few private schools, making it difficult for many families to use vouchers.
“We are against giving people tax breaks to defund public schools,” said Randi Weingarten, president of the American Federation of Teachers, the nation’s second-largest education union.
She pointed out that while Mr. Trump and congressional Republicans have said they want to invest in work force education, artificial intelligence education and other priorities for student learning, they have consistently proposed cutting funding to public schools, which educate nearly 90 percent of American students.
“They don’t believe in public schooling,” she said. “What you’re seeing here is the fragmentation of American education.”
A boom in new private-education options, like virtual learning and microschools, has already changed the landscape — as has an influx of campaign spending from conservative donors, like the financier Jeff Yass, intended to build support for private-school choice.
Last month, Texas became the last major Republican-led state to pass such legislation. Advocates quickly shifted their focus to Congress and the opportunity to push a federal voucher bill.
Senator Bill Cassidy, Republican of Louisiana, is the sponsor of a Senate bill similar to the House proposal, and celebrated its inclusion in the budget package.
“Expanding President Trump’s tax cuts is about preserving the American dream,” he said in a written statement. “Giving parents the ability to choose the best education for their child makes the dream possible.”
But the proposal will still have to overcome opposition, on both the left and the right.
Advocates for public schools have said that the new generation of vouchers and education savings accounts, which are often available to relatively affluent families, are a subsidy to parents who can already afford private education.
In Florida, which has more children using vouchers than any other state in the nation, some public-school districts have experienced enrollment declines and are considering shutting down schools or cutting teaching positions.
Even some conservative parental-rights activists oppose the creation of a federal program, which they worry could create a regulatory pathway that could eventually be used to impose government requirements on home-schooling parents or private schools — for example, by requiring standardized testing, which is not mentioned in the current proposal.
“The federal government should extricate itself from K-12 education to the fullest extent possible,” said Christopher Rufo, a leading crusader against diversity programs in schools, and a supporter of school choice. “It’s best left to the states.”
Education
Harvard Letter Points to ‘Common Ground’ With Trump Administration

Harvard University struck a respectful but firm tone in a letter to the Trump administration on Monday, arguing that the university and the administration shared the same goals, though they differed in their approaches. It was latest move in an extraordinary back-and-forth between the school and the federal government in recent weeks.
The letter from Alan M. Garber, Harvard’s president, was sent a week after the Trump administration said it would stop giving Harvard any research grants.
Last month, the university took the government to court over what it has called unlawful intrusion into its operations. But on Monday, Dr. Garber’s tone was softer, saying he agreed with some of the Trump administration’s concerns about higher education, but that Harvard’s efforts to combat bigotry and foster an environment for free expression had been hurt by the government’s actions.
Dr. Garber said he embraced the goals of curbing antisemitism on campus; fostering more intellectual diversity, including welcoming conservative voices; and curtailing the use of race in admissions decisions.
Those goals “are undermined and threatened by the federal government’s overreach into the constitutional freedoms of private universities and its continuing disregard of Harvard’s compliance with the law,” Dr. Garber said in the letter to Linda McMahon, the secretary of education.
The university’s response came one week after Ms. McMahon wrote to Harvard to advise the university against applying for future grants, “since none will be provided.” That letter provoked new worries inside Harvard about the long-term consequences of its clash with the Trump administration.
“At its best, a university should fulfill the highest ideals of our nation, and enlighten the thousands of hopeful students who walk through its magnificent gates,” Ms. McMahon wrote. “But Harvard has betrayed its ideal.”
Rolling through a roster of conservative complaints about the school, Ms. McMahon fumed about the university’s “bloated bureaucracy,” its admissions policies, its international students, its embrace of some Democrats and even its mathematics curriculum.
Ms. McMahon referred to Harvard as “a publicly funded institution,” even though Harvard is private and the vast majority of its revenue does not come from the government. She suggested that the university rely more on its own funds, noting that Harvard’s endowment, valued at more than $53 billion, would give it a “head start.” (Much of Harvard’s endowment is tied up in restricted funds and cannot be repurposed at will.)
“Today’s letter,” Ms. McMahon wrote, “marks the end of new grants for the university.”
In Dr. Garber’s letter on Monday, he said that the university had created a strategy to combat antisemitism and other bigotry, and had invested in the academic study of Judaism and related fields. But he said the university would not “surrender its core, legally-protected principles out of fear of unfounded retaliation by the federal government.”
He denied Ms. McMahon’s assertion that Harvard was political.
“It is neither Republican nor Democratic,” he said of the university. “It is not an arm of any other political party or movement. Nor will it ever be. Harvard is a place to bring people of all backgrounds together to learn in an inclusive environment where ideas flourish regardless of whether they are deemed ‘conservative,’ ‘liberal,’ or something else.”
Although Harvard is the nation’s wealthiest university by far, officials there have warned that federal cuts could have devastating consequences on the campus and beyond. During Harvard’s 2024 fiscal year, the university received about $687 million from the federal government for research, a sum that accounted for about 11 percent of the university’s revenue.
The government can block the flow of federal money through a process called debarment. But the procedure is laborious, and the outcome may be appealed. Experts on government contracting said Ms. McMahon’s letter indicated that the administration had not followed the ordinary procedure to blacklist a recipient of federal funds.
Harvard officials are aware that, even if they challenge the administration’s tactics successfully in court, Mr. Trump’s government could still take other steps to choke off money that would be harder to fight.
The federal government often sets priorities for research that shape agencies’ day-to-day decisions about how and where federal dollars are spent. Some academics worry that the government might pivot away from fields of study in which Harvard has deep expertise, effectively shutting out the university’s researchers. Or the administration could simply assert that Harvard’s proposals were incompatible with the government’s needs.
Jessica Tillipman, an expert on government contracting law at George Washington University, said that it can be difficult to show that the government is using a back door to blacklist a grant recipient.
“You basically have to demonstrate and point to concrete evidence, not just a feeling,” she said.
Still, she said, Ms. McMahon’s letter could offer Harvard an opening to contest a protracted run of grant denials.
“It’s not as hard to prove,” Ms. Tillipman said, “when you have a giant letter that said, by the way, we aren’t giving you these things anymore.”
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