1/26

rrkennison.bsky.social
Still reading the PRESIDENT AND FELLOWS OF HARVARD COLLEGE v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY ET AL. case filed this morning. Not only is it beautifully written, but the legal moves it makes are often brilliant.
The best lawyering money can buy. Worth every penny.
https://storage.courtlistener.com/recap/gov.uscourts.mad.285083/gov.uscourts.mad.285083.4.1.pdf
2/26

rrkennison.bsky.social
3/26

rrkennison.bsky.social
This is an especially nice move, pointing out that many colleges and universities have "a distinct perceived viewpoint" and that has never been an issue for the government ... until now.
4/26

rrkennison.bsky.social
5/26

rrkennison.bsky.social
I had not realized Harvard actually complied with DHS' ridiculous April 16 letter, but they did so strictly within the bounds of the law and applicable regulations. I guess that's what really pissed off Trump et al.
6/26

rrkennison.bsky.social
Now we get to the crux of the matter. The Tump administration hates all universities not because they are lacking "viewpoint diversity" but because they have too much of it.
7/26

rrkennison.bsky.social
Included in this rash sledgehammer approach of barring from Harvard all F-1 and J-1 visa holders are the more than 150 Jewish students from Israel, who are as affected by this decision as those from, say, China or Gaza and the West Bank.
Trump escalates war on Harvard by barring all foreign students
8/26

rrkennison.bsky.social
As we've come to expect from the second Trump administration, every action will be greeted with a massive overreaction that is breathtaking in its accusations, the scope of its demands, and its potential illegality.
9/26

rrkennison.bsky.social
The sheer thoughtlessness and downright cruelty of the Trump administration is again on full display, as Harvard points out. Thousands of students and hundreds of their dependents — none of whom have done anything wrong — have now had their lives thrown into complete disarray because of pettiness.
10/26

rrkennison.bsky.social
An eloquent and passionate defense of the importance of international students — to Harvard, yes, but also to the United States as a whole.
We are a nation of immigrants. That includes students. Many of our best and brightest citizens (and, yes, some less so) first arrived here on student visas.
11/26

rrkennison.bsky.social
Tl;dr: This lawless bullying must stop.
12/26

rrkennison.bsky.social
Behind this argument seems (to me) to be considerable anger that people who have no understanding of or appreciation for the Constitution they swore to uphold are the ones determining the "Americanism" of a university founded in 1636 that has operated with excellence for over nearly 390 years.
13/26

rrkennison.bsky.social
Every accusation is a confession, says Harvard. You say we have "viewpoint discrimination"? Nah. That's you all — in spades.
14/26

rrkennison.bsky.social
There's that righteous anger again — from America's oldest university.
"For more than a month, the government has waged an all-out, multi-front attack on Harvard for reasons that are plain: the President believes Harvard's 'students,' 'professors,' and 'attitude … [are] not American.'"
15/26

rrkennison.bsky.social
Translation: This is bullshyt at every level.
16/26

rrkennison.bsky.social
"The Due Process Clause does not tolerate such disregard for required process."
17/26

rrkennison.bsky.social
"[T]he breadth and ambiguity of these demands ... left 'grave uncertainty' ... about what information was being requested and how to satisfy that standard ... The government cannot ... condition the deprivation of property on these sorts of vague, heads-we-win, tails-you-lose requirements."
18/26

rrkennison.bsky.social
"Constitutionally infirm" is quite the phrase.
19/26

rrkennison.bsky.social
"The difference between the information HIO is tasked with compiling under long-established regulations and what the Harvard-specific Records Request demanded is fundamental.... The latter creates an adversarial surveillance dynamic and converts HIO ... into an arm of law enforcement ...."
Exactly.
20/26

rrkennison.bsky.social
"It should go without saying that these sweeping assertions have nothing to do with the eligibility and compliance requirements in DHS’s regulations .... [nor does a] request for information that Harvard was not required to maintain — let alone to turn over to DHS upon request."
21/26

rrkennison.bsky.social
ZING!!
22/26

rrkennison.bsky.social
"For the first time in the history of the F-1 visa program, the gov't has revoked a school’s certification ... for reasons entirely divorced from the regulations... DHS was required ... both to acknowledge that drastic change in position and to provide a reasoned explanation for it. It did neither."
23/26

rrkennison.bsky.social
"It is an understatement to state that DHS failed to provide a cogent reason for its determination, link its conclusion to the regulatory requirements for continued certification, or examine data bearing on Harvard’s continued entitlement to SEVP certification."
24/26

rrkennison.bsky.social
"That penalty cannot stand."
Bringing the

now.
25/26

rrkennison.bsky.social
"[T]he loss of international students is likely to cause a harmful feedback loop affecting students and professors alike.... Moreover, the government’s action will immediately cripple Harvard’s day-to-day functioning and ability to both advance academic inquiry and provide an excellent education."
26/26

rrkennison.bsky.social
I paused there to ask ChatGPT to create a cartoon for me showing the "harmful feedback loop" Harvard would experience if it lost its international students, based on the language provided in the lawsuit. After numerous tries — during which the output became worse and worse — these were the two best.
To post tweets in this format, more info here: https://www.thecoli.com/threads/tips-and-tricks-for-posting-the-coli-megathread.984734/post-52211196