So what is Harvard objecting to exactly>
The letter to Harvard that is conditioning federal funding on the University complying with the demands in the letter can be read here - Letter to Harvard.
Take a moment to read it.
There's really nothing in the demands in the letter that a reasonable person would find objectionable - Harvard needs to end a pattern of discrimination and hire faculty and administration and intake students based on merit alone; end a tolerance for antisemitism and related threats and vilenceeat the University; build up tolerance and viewpoint diversity in higher education; and actually reform and enforce current student disciplinary rules.
Harvard is apparently fighting in order to be allowed to keep on discriminating, not hiring on merit, and tolerating antisemitism and student disruptions on campus - and to continue to receive Federal funds while doing so.
Quite a noble hill for Harvard to die on, but they can do themselves.
Harvard of course claims it is its first amendment right to make its own rules. As a private institution it can - and indeed the Federal Government is not saying it cannot.
Instead, it is stating - correctly - that the Federal Government is allowed to condition funds on adherence to federal policy objectives.
For Harvard to be able to claim that the Federal Government cannot condition spending on adoption of certain policies and conditions in return for the funds is ludicrous and goes against quite established constitutional law.
If Harvard wishes to continue its actions, all it needs to do is forgo Federal funding and then it can be as discriminatory and non-compliant with Federal guidelines as it may wish.
But instead, Harvard is suing to have its cake and eat it too.
One should note well that Harvard, the Left, and progressives in general didn't make a peep when the Obama administration sent out his "Dear Colleagues" letter to Colleges to change their procedures on Title IX matters -- to reduce the due process due to the accused in such matters -- and "disparate impact on racial groups" in disciplinary actions -- or else.
Harvard's case should be dismissed and Harvard should be required to make the choice everyone else must make when deciding to accept Federal Government funding - accept the strings that come with the dollars, or forgo the dollars.