Legal Brief

On June 9, 2025, AAU joined ACE and 26 other higher education organizations in submitting an amicus brief supporting Harvard University’s motion for summary judgment in its lawsuit challenging the Trump administration’s unlawful freeze of its federal funding. The case, President and Fellows of Harvard College v. U.S. Department of Health and Human Services et al., was filed on April 21, 2025, and argues that the administration’s actions violate the First Amendment as well as federal laws and regulations.

AAU joined AAMC and six other higher education associations in filing an amicus brief in the case of Commonwealth of Massachusetts et al. v. Robert F. Kennedy, Jr., et al.

The amicus brief argues that the NCAA's eligibility rules, including the five-year time limit for student-athletes, are rooted in educational principles rather than commercial interests and should not be subject to antitrust scrutiny simply because some athletes now benefit from name, image, and likeness (NIL) deals.

AAU joined 13 higher education associations in submitting an amicus brief to the United States Supreme Court in the case of Cunningham v. Cornell. The brief supports Cornell University and asks the United States Supreme Court to affirm the Second Circuit’s November 2023 decision that to state a valid claim for breach of a fiduciary duty for a prohibited transaction under the Employee Retirement Income Security Act of 1974 (ERISA), more is required than just a mere allegation that such a transaction took place.

AAU joined higher education associations in submitting an amicus brief to the Eleventh Circuit in the case of Zhang v. Emory.

AAU and 23 higher education institutions submitted an amicus brief supporting The Ohio State University’s petition to the United States Supreme Court to overturn a decision issued by the U.S. Sixth Circuit Court of Appeals eliminating the statute of limitations for Title IX claims and extending Title IX remedies to any individual who visits a college campus.

AAU joined ACE and 70 other higher education organizations to submit an amicus brief in a similar lawsuit filed by the National Women’s Law Center in the U.S. District Court for Massachusetts. A hearing for the case is set for September 2.

AAU joined ACE and 69 other higher education associations to file an amicus brief in support of the suit filed by Harvard University and the Massachusetts Institute of Technology against the recent guidance from ICE mandating that international students take in-person classes to remain in the United States in the fall.