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Boston Judge Dismisses Justice Department Lawsuit Seeking Harvard Applicant Records

Judge Myong Joun ruled on procedure, not the merits, so the government could sue again.

By Watchman Report staff ·

Harvard Yard, February 2022 3.jpg
Photo: Sdkb / Wikimedia Commons, CC BY-SA 4.0 (source)
The Report: facts and sourcing

A federal judge in Boston on Monday dismissed the Trump administration's lawsuit seeking individual applicant records from Harvard, finding the government failed to meet procedural requirements before suing, The Harvard Crimson reported.

In a 10-page opinion, U.S. District Judge Myong J. Joun found the Justice Department had not shown it took the required steps to seek voluntary compliance, including telling Harvard the specific failure identified and that it would sue if the university did not comply. "A deadline and a threat to sue, standing alone, do not necessarily demonstrate compliance," he wrote.

The department sued in February, arguing Harvard had "thwarted" a civil rights review of whether it still considers race in admissions. Harvard says it provided more than 2,000 pages of documents but not individual records. Joun did not rule on the merits: "Those questions remain open," he wrote, leaving the government free to bring a new suit.

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