Alan Dershowitz, a distinguished authority on constitutional law, expressed his views on Newsmax, asserting that Harvard University is engaged in a legal struggle it is destined to lose.
The controversy centers around a preliminary injunction that U.S. District Judge Allison D. Burroughs signaled she would grant, effectively stalling the Trump administration's efforts to prevent the institution from enrolling international students.
During his appearance on "Finnerty," Dershowitz elaborated on the legal reasoning behind his prediction of Harvard's defeat, emphasizing that the Constitution endows the federal government, rather than the judiciary, with the sole authority to determine who may enter the United States.
According to the Daily Caller, Dershowitz stated unequivocally, "Lets be clear, Harvard is going to lose this case. The United States government has the absolute, unequivocal right to decide who comes into the country and who doesnt. Thats not up to the judicial branch. The judiciary has no role to play in determining who comes into the country. No one has a First Amendment right to come into the country to speak against Israel, to speak against the United States, to block student access to classes." This perspective underscores a fundamental conservative principle: the sovereign right of a nation to control its borders.
Dershowitz further clarified that the issue at hand is not one of academic freedom or constitutional speech protections, but rather a matter of sovereign authority over national borders. "Its a privilege to come into the United States, and the government has an absolute right to prevent people from coming in. There may be a dispute as to whether the legislative branch or the executive branch has the ultimate authority, but there is no dispute that judges have no authority whatsoever," he asserted.
Highlighting the distinction between procedural oversight and ultimate decision-making power, Dershowitz remarked, "They can demand due process. They can demand that the constitutional power of the president or of Congress be exercised properly, but they have no power over the ultimate decision who comes into the country and who doesnt. So Harvards going to lose."
In the midst of this legal battle, the Trump administration informed the court of its decision to allow Harvard 30 days to present evidence contesting the government's rationale. Meanwhile, Homeland Security Secretary Kristi Noem accused Harvard officials of fostering antisemitism, inciting violence, and collaborating with the Chinese Communist Party.
Despite a federal judge's intervention to halt the Department of Homeland Security's revocation of Harvard's authority to enroll and retain foreign students, the administration's termination of the university's federal grant remains in force.
Login