Trump Could Have a Strong Case to Revoke Harvard’s Tax-Exempt Status

Thanks to a 1983 opinion widely hailed by progressives at the time, the administration could be on solid ground.

Share this story

The Harry Elkins Widener Memorial Library on the Harvard University campus in Cambridge, Mass., April 15, 2025.

Joseph Prezioso/AFP via Getty Images

In a recent Truth Social post, President Trump wrote: “Perhaps Harvard should lose its Tax Exempt Status and be Taxed as a Political Entity if it keeps pushing its political, ideological, and terrorist inspired/supporting ‘Sickness?’” This followed an earlier threat to cut off $9 billion in federal funding unless Harvard agreed to a list of administration demands for reforms, including merit-based hiring, an end to preferences in admissions based on “race, color, national origin, or proxies thereof,” an outside audit of “programs and departments that most fuel antisemitic harassment,” and the discontinuation of DEI. Rejecting these demands, Harvard declared that “antisemitism and discrimination of any kind not only are abhorrent and antithetical to Harvard’s values but also threaten its academic mission.” Since that exchange, it has been reported that the Department of Justice has asked the IRS to review and revoke Harvard’s tax-exempt status.

Thanks to a 1983 Supreme Court opinion widely hailed by progressives at the time, the Trump administration may have stronger grounds than at first appears to reconsider Harvard’s tax status. Harvard is a tax-exempt organization as an educational institution under Section 501(c)(3) of the Internal Revenue Code. Section 501(c)(3) exempts organizations “operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes.” Tax-exempt status carries great advantages, because it frees Harvard from federal income tax and its donors can make tax-deductible contributions. Loss of the exemption would cost Harvard an estimated $500 million annually.

John Yoo

About the Author

John Yoo

John Yoo is the Thomas W. Smith Senior Fellow at the Civitas Institute, University of Texas at Austin; Emanuel S. Heller Professor of Law at the University of California at Berkeley; and a nonresident senior fellow at the American Enterprise Institute. He is a co-author of the just-released two-volume American Constitutional Law (Routledge, 2026).

RD

About the Author

Robert J. Delahunty

Robert J. Delahunty is a fellow at the Claremont Institute’s Center for the American Way of Life.

Comments

Advertisement

Advertisement